EXECUTIVE ORDER No. 2007-49

MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL
EXECUTIVE OFFICE OF THE GOVERNOR

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that the Governor shall take care that the laws be faithfully executed;

WHEREAS, many Michigan residents have one or more physical or mental disabilities;

WHEREAS, physical and mental disabilities are a natural part of the human experience and in no way diminish the right of an individual with a disability to live independently, enjoy self-determination, make choices, contribute to society, pursue meaningful careers, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of our society;

WHEREAS, the State of Michigan shares the goals of the federal government of providing individuals with disabilities with the tools necessary to make informed choices and decisions and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency;

WHEREAS, when enacting the Rehabilitation Act of 1973, the Congress of the United States recognized the importance of empowering individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society, and assisting states and providers of services in fulfilling the aspirations of individuals with disabilities for meaningful and gainful employment and independent living;

WHEREAS, under Section 705 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796d, to be eligible to receive federal assistance under Sections 701 to 741 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796 to 796i, a state must establish a statewide independent living council, which may not be established as an entity within a state agency;

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council previously organized under Executive Order 1994-23 is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law;

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council will improve working relationships among state independent living rehabilitation service programs, centers for independent living, the Michigan Statewide Independent Living Council, vocational rehabilitation programs, and other federally-funded programs;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. "Center for independent living" means that phrase as defined under Section 702 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796a.

B. "Commission for the Blind" means the commission created under Section 2 of 1978 PA 260, MCL 393.352, transferred to the Family Independence Agency under Executive Order 1996-2, MCL 445.2001, and transferred to the Department of Labor and Economic Growth under Executive Order 2003-18, MCL 445.2011.

C. "Council" means the Michigan Statewide Independent Living Council created within the Executive Office of the Governor by this Order.

D. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order 1996-2, MCL 445.2001, and Executive Order 2003-18, MCL 445.2011.

E. "Disability" means that term as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

F. "Independent living services" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

G. "Individual with a disability" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

H. "Individuals with disabilities" means more than one individual with a disability.

I. "Michigan Rehabilitation Services" means the bureau within the Department of Labor and Economic Growth that serves as the state general rehabilitation agency for individuals with disabilities, except those who are blind, and that is responsible for administration of the vocational rehabilitation program under the Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 to 395.90.

J. "Personal assistance services" means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 705.

K. "State Plan" means the state plan for independent living jointly developed, signed, and submitted by the Council, in conjunction with the Commission for the Blind and Michigan Rehabilitation Services, as required by Section 704 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796c.

II. CREATION OF MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL

A. The Michigan Statewide Independent Living Council is created within the Executive Office of the Governor.

B. The Council shall include members that provide statewide representation, represent a broad range of individuals with disabilities from diverse backgrounds, and are knowledgeable about centers for independent living and independent living services.  A majority of the voting members of the Council shall be individuals with disabilities and shall not be employed by any state agency or center for independent living.

C. The Council shall include the following voting members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities:

1. One director of a center for independent living nominated by a majority of the directors of centers for independent living within this state.

2. The director of any project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, providing vocational rehabilitation services grants to the governing bodies of an Indian tribe located on a federal or state reservation, or to a consortium of tribal governing bodies, or the director's designated representative.

3. One individual representing parents or guardians of individuals with disabilities.

4. One individual representing advocates of, and for, individuals with disabilities.

5. One individual representing organizations that provide services for individuals with disabilities, including, but not limited to, private businesses.

6. Ten other residents of this state.

D. In addition to the voting members of the Council appointed under Section II.C, the Council shall include the following non-voting ex officio members:

1. The Director of the Department of Community Health, or his or her designee from within the Department of Community Health.

2. The Director of the Department of Human Services, or his or her designee from within the Department of Human Services.

3. The Director of the Department of Labor and Economic Growth, or his or her designee from within the Department of Labor and Economic Growth.

4. The Superintendent of Public Instruction, or his or her designee within the Department of Education.

5. The Executive Director of the Michigan State Housing Development Authority, or his or her designee from within the Michigan State Housing Development Authority.

6. The Director of the Commission for the Blind.

7. The Bureau Director of Michigan Rehabilitation Services.

E. Of the members of the Council initially appointed by the Governor under Section II.C, 5 members shall be appointed for a term expiring on December 31, 2008, 5 members shall be appointed for a term expiring on December 31, 2009, and the remaining members shall be appointed for a term expiring on December 31, 2010.  After the initial appointments, members shall be appointed for a term of 3 years.

F. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term.  A vacancy shall not affect the power of the remaining members to exercise the duties of the Council.

G. No member of the Council appointed by the Governor under Section II.C may serve more than two consecutive full terms.

III. CHARGE TO THE COUNCIL

A. The Council shall do all of the following:

1. Jointly develop and sign, in conjunction with the Commission for the Blind and Michigan Rehabilitation Services, the State Plan in compliance with Section 704 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 796c.

2. Monitor, review, and evaluate the implementation of the State Plan.

3. Coordinate activities with the Michigan Rehabilitation Council created under Executive Order 2007-48, the Michigan Interagency Coordinating Council for Infants and Toddlers with Developmental Disabilities created under Executive Order 2007-43, the Michigan Developmental Disabilities Council created under Executive Order 2006-12, the Michigan Commission on Disability Concerns created by Executive Order 1995-11, and any other state councils or entities that address the needs of specific disability populations and issues in Michigan under other federal law.

4. Ensure that all regularly scheduled meetings of the Statewide Independent Living Council are open to the public and that sufficient advance notice is provided.

5. Submit to the United States Secretary of Education reports as the Secretary may reasonably request.  Keep records, and provide access to the records, as the Secretary finds necessary to verify the reports.  Copies of any reports submitted under this paragraph shall be transmitted to the Governor and the members of the Council appointed under Section II.D.1 to II.D.5.

6. Perform other functions related to the Council's responsibilities as requested by the Governor.

IV. OPERATIONS OF THE COUNCIL

A. The Council shall select from among the voting members of the Council a member to serve as Chairperson of the Council and may select from among the voting members of the Council other officers as the Council deems necessary.

B. The Council shall adopt procedures consistent with federal law, Michigan law, and this Order governing its organization and operations.

C. The Council shall conduct all business at public meetings held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.  Public notice of the time, date, and place of each meeting shall be given in the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.

D. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council's business.  The Council shall act by a majority vote of the voting members of the Council serving.

E. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.

F. The Council shall hold hearings and forums as the Council determines necessary to carry out the duties of the Council.

G. The Department of Labor and Economic Growth, the Commission for the Blind, and Michigan Rehabilitation Services may provide staff support for the Council as requested by the Council or the Governor.

H. The Council shall prepare, in conjunction with Michigan Rehabilitation Services, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the functions of the Council, with funds made available under Sections 701 to 741 of the Rehabilitation Act of 1973, Public Law 93-112, 29 USC 796 to 796i, under Section 110 of Rehabilitation Act of 1973, Public Law 93-112, 29 USC 730, consistent with Section 101(a)(18) of the Rehabilitation Act of 1973, Public Law 93-112, 29 USC 721(a)(18), and from other public and private sources.  The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan.

I. The Council shall, consistent with applicable Michigan law and rules of the Civil Service Commission, supervise and evaluate staff and personnel performing duties for the Council under the resource plan adopted under Section IV.H as may be necessary to carry out the functions of the Council under this Order.

J. While assisting the Council in carrying out its duties, staff and other personnel performing duties pursuant to the resource plan adopted under Section IV.H shall not be assigned duties by Michigan Rehabilitation Services or any other agency or office of this state that would create a conflict of interest.

K. Subject to applicable law, the Council may use resources available under the resource plan adopted under Section IV.H to do any of the following:

1. Reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties, including, but not limited to, child care and personal assistance services.

2. Pay compensation to a member of the Council, if the member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

L. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Council deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

M. The Council may enter into agreements with state departments and agencies to assist the Council in the performance of its duties and responsibilities under this Order.

N. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.

O. All state departments and agencies shall cooperate with the Council in the performance of its duties and responsibilities under this Order.  The Council may request, and state departments and agencies shall provide, information and assistance as the Council requires in the performance of its duties and responsibilities under this Order.

V. MISCELLANEOUS

A. Executive Order 1994-23 is rescinded.  Executive Order 1994-21, which was rescinded by Executive Order 1994-23, remains rescinded.

B. Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order.  Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion.  Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

E. This Order is effective on Tuesday, January 15, 2008, at 12:01 a.m.

Given under my hand and the Great Seal of the State of Michigan this 20th day of December, in the year of our Lord, two thousand and seven.

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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:

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SECRETARY OF STATE