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State of New Jersey
Executive Order #106

Governor James J. Florio

WHEREAS, pursuant to the Rehabilitation Act of 1973, as amended by the Rehabilitation Amendments of 1986 (hereinafter referred to as the "Amendments of 1986"), enacted on October 21, 1986, and known as P.L. 102-569, the State of New Jersey was mandated to establish the New Jersey Independent Living Advisory Council in order to provide the necessary guidance for the development of a State plan to expand independent living services for persons with disabilities Statewide; and

WHEREAS, pursuant to the Rehabilitation Act of 1973, as amended by the Rehabilitation Amendments of 1992 (hereinafter referred to as the "Amendments of 1992"), and known as P.L. 102-569, the State of New Jersey is mandated to redenominate the New Jersey Independent Living Advisory Council to the New Jersey Independent Living Council and to ensure that the redenominated Council shall not be established as an entity within another State agency; and

WHEREAS, pursuant to the Rehabilitation Act of 1973 as amended by the Amendments of 1992, in order to be eligible to receive federal financial assistance under Title VII, Section 704(a) of P.L. 102-569, the State of New Jersey shall submit to the Commissioner of the Rehabilitation Services Administration, U.S. Department of Education, and obtain approval of, a State plan containing such provisions as the Commissioner may require, including, at a minimum, a plan that ensures the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a Statewide and comprehensive basis, needs in the State for (a) the provision of State independent living services, (b) the development and support of a Statewide network of centers for independent living, and (c) working relationships between programs providing independent living services and independent living centers, the vocational rehabilitation program established under Title I, Section 101 of P.L. 102-569, and other programs providing services for individuals with disabilities; and

WHEREAS, with its revised name, membership, charge and responsibilities, the New Jersey Independent Living Council should promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities into the mainstream of American society;

NOW, THEREFORE, I, JIM FLORIO, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the statutes of this State, do hereby ORDER and DIRECT:

1. The New Jersey Independent Living Advisory Council is hereby redenominated the New Jersey Independent Living Council (hereinafter referred to as "the Council"). The Council shall be established as a separate entity in, but not of, the New Jersey Department of Labor.

2. The Council shall:

(a) jointly develop and submit (in conjunction with the designated State agencies) the State plan required in Title VII, Part A, Section 704 of P.L. 102-569;

(b) monitor, review, and evaluate the implementation of the State plan;

(c) coordinate activities with the State Rehabilitation Advisory Council established under Title I, Part A, Section 101(a) (3c) and Section 105 of P.L. 102-569, that address the needs of specific disability populations and issues under other federal law;

(d) ensure that all regularly scheduled meetings of the Council are open to the public and that sufficient advance notice is provided;

(e) submit to the Commissioner of the Rehabilitation Services Administration, U.S. Department of Education such periodic reports as the Commissioner may request, and keep such records, and afford such access to such records, as the Commissioner finds necessary to verify such reports; and

(f) carry out all other duties set forth in Title VII, section 704 of P.L. 102-569

3. The Council shall consist of no more than seventeen voting members appointed by the Governor. The composition of the Council shall reflect a majority of qualified persons with disabilities representing the interest of New Jersey's cross-disability population. The majority of the members appointed to the Council may not be employed by any State agency or center for independent living.

(a) A representative from the Division of Vocational Rehabilitation Services in the Department of Labor, and a representative from the New Jersey Commission for the Blind and Visually Impaired in the Department of Human Services (hereinafter referred to as the "designated State units") shall continue to serve as ex officio, nonvoting members on the Council.

(b) The Commissioners of the State departments of Human Services, Labor, Education, and the Public Advocate and/or their designees from the Division of Developmental Disabilities in the Department of Human Services, the Division of Mental Health and Hospitals in the Department of Human Services, the Division of the Deaf and Hard of Hearing in the Department of Human Services, the Division of Special Education in the Department of Education, and the Division of Advocacy for the Developmentally Disabled in the Department of the Public Advocate, shall also serve as ex officio, nonvoting members on the Council.

(c) Three directors of centers for independent living (one each from the northern, central and southern regions of the State) shall be selected by the members of the New Jersey Directors Association of Centers for Independent Living to serve on the Council.

(d) The Council shall also consist of:

(1) at least one parent or guardian of an individual with a disability; and

(2) one representative of the private sector business community;

(e) The Council may also be comprised of:

(1) other representatives from centers for independent living;

(2) advocates of and for individuals with disabilities;

(3) representatives from organizations that provide services for individuals with disabilities; and

(4) other appropriate individuals.

(f) Council members shall serve for terms of three (3) years, except for those first appointed, five shall serve for a term of one

(1) year, five shall serve for a term of two (2) years, and the remainder shall serve for a term of three (3) years. Council vacancies from among the members shall be filled by appointment by the Governor for the remainder of the unexpired term. No member of the Council can serve more than two (2) consecutive full terms. Any vacancy occurring in the membership of the Council is to be filled in the same manner as an original appointment and the vacancy is not to affect the power of the remaining members to execute the duties of the Council. The Council shall designate a member of the Council to serve as the Chairperson.

4. The Council shall further organize itself and set its own schedule for meetings as it deems necessary to complete its work.

5. The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council.

6. In performing its work, the Council shall work with other existing bodies in the State designed to plan, coordinate and deliver independent living services to persons with disabilities and their families at the State, county and local levels. The Council may draw upon the assistance of any department, organization or agency of the State which may be made available to it for these purposes.

7. The Council may use such resources to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties, and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

8. Pursuant to Title VII, Section 705 (6) (e3) of P.L. 102-569, while assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State agencies or any other agency or office of the State, that would create a conflict of interest.

9. This Order shall take effect immediately.

GIVEN, under my hand and seal this
15th day of October in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Eighteenth.

/s/ Jim Florio
Governor

Attest:

/s/ Scott A. Weiner
Chief Counsel to the Governor

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