EXECUTIVE ORDER
BJ 08-73

Louisiana Statewide Independent Living Council


WHEREAS, the state of Louisiana promotes a philosophy of independent living in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities;

WHEREAS, the state of Louisiana also supports the integration and full inclusion of individuals with disabilities into the mainstream of American society;

WHEREAS, the federal Rehabilitation Act of 1973 as amended, (the Act), 29 U.S.C.A. §701, et seq ., includes the following provisions to carry out this effort:

A. Providing financial assistance to states for providing, expanding, and improving the provision of independent living services;

B. Providing financial assistance to develop and support statewide networks of centers for independent living; and

C. Providing financial assistance to states for improving working relationships among independent living partners; and

WHEREAS, to be eligible to receive financial assistance under this chapter, each state must establish a Statewide Independent Living Council;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: The Louisiana’s Statewide Independent Living Council (hereafter “Council”) is reestablished and recreated in accordance with the Act, 29 U.S.C.A. §701, et seq .

SECTION 2: The duties of the Council shall include, but are not limited to, the following:

A. Jointly develop and sign (in conjunction with Louisiana Rehabilitation Services) the State Plan for Independent Living as mandated in §704 of the Act;

B. Monitor, review, and evaluate the implementation of the State plan;

C. Coordinate activities with the State Rehabilitation Council and other councils which 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 sufficient advance notice is provided; and

E. Submit periodic reports to the federal government, as required by law, regulation, and/or rule.

SECTION 3: The Council shall be composed of twenty-one (21) members who shall be appointed by the Governor. The membership of the Council shall include four (4) members meeting the following membership criteria:

A. One (1) director of a center for independent living, chosen by the directors of centers for independent living within the state;

B. As ex officio, nonvoting members:

a. One representative from Louisiana Rehabilitation Services (the designated state unit); and

b. One representative from other state agencies that provide services for individuals with disabilities.

C. One (1) representative of the directors of the projects carried out under §121 of the Act.

The remaining seventeen (17) members of the Council include:

A. Two (2) representatives from centers for independent living;

B. Two (2) parents and guardians of individuals with disabilities;

C. Eight (8) advocates of and for individuals with disabilities;

D. Three (3) representatives from private businesses; and

E. Two (2) representatives from organizations that provide services for individuals with disabilities.

SECTION 4: The Council shall be composed of members who provide statewide representation; who represent a broad range of individuals with disabilities from diverse backgrounds; who are knowledgeable about centers for independent living and independent living services; and a majority of whom are persons who are individuals with disabilities described in §7(20)(B) of the Act; and are not employed by any state agency or center for independent living.

SECTION 5: Each member of the Council shall serve for a term of three (3) years, except that A) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and B) the terms of service of the member initially appointed shall be, as specified by the appointing authority, for such fewer number of years as will provide for the expiration on a staggered basis. No member shall serve more than two (2) consecutive full terms.

SECTION 6: The Council shall not be an entity within any state agency, including LRS, and is independent of LRS and all other state agencies. The Council shall coordinate its activities with the Office of Disability Affairs, Office of the Governor. The executive director of the Office of Disability Affairs will provide administrative oversight to ensure that the Council is compliant with all rules and regulations of the state of Louisiana, including those concerning purchasing and procurement, hiring, firing, and evaluating staff, and ethical behavior and practices.

SECTION 7 : The Council shall, consistent with state law, supervise and evaluate its staff and other personnel as may be necessary to carry out the functions of the Council.

SECTION 8 :

A. Council members shall not receive additional compensation or a per diem from the Office of the Governor for serving on the Council;

B. Council members may be reimbursed for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services);

C. Council members who are employees or elected public officials of the state of Louisiana or a political subdivision thereof may seek reimbursement of travel expenses, in accordance with PPM 49, from their employing and /or elected department, agency and/or office; and

D. Council members who are also members of the Louisiana Legislature may seek a per diem from the Louisiana State Senate or House of Representatives, as appropriate, for their attendance.

SECTION 9: Support staff, facilities, and resources for the Council shall be provided by the Office of the Governor.

SECTION 10 : All departments, commissions, boards, offices, entities, agencies, and officers of the state of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate with the Council in implementing the provision of this Order.

SECTION 11 : This Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 22nd day of August, 2008.

Bobby Jindal
Governor

ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State