Sponsors: Assemblymen Reed Gusciora (D15) and Herbert C. Conaway, Jr. (D-7)

Sponsors: Senators Joseph F. Vitale (D19) and Diane B. Allen (R7)

Summary: Revises law concerning Council on Developmental Disabilities to conform with federal law.

Comments: This legislation amends the law governing the New Jersey Developmental Disabilities Council, N.J.S.A.30:1AA-1 et seq., to conform the law to the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000," 42 U.S.C. §15001 et seq. Specifically, the new law changes the name of the Council to the State Council on Developmental Disabilities and establishes the Council as the entity responsible for developing and monitoring the State's plan for services for people with disabilities consistent with the federal requirements. The new law also directs the Council to work to increase the availability of community services, individualized supports and other resources that promote self-determination, independence, productivity, integration and inclusion in all facets of community life. In addition, the Council is directed to enhance the participation of people with developmental disabilities and their families in the design of such services and supports. To these ends, the newly enacted law empowers the Council to utilize culturally competent advocacy, capacity building and systemic-change activities consistent with federal mandates under the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

In addition, the law changes the membership of the Council from 30 to a minimum of 25, but not more than 30, members. Significantly, the law also provides that at least 15 Council members must be individuals with developmental disabilities or an immediate family member of a person with a developmental disability, and reduces the number of ex officio members from 12 to 7. The duties of the Executive Director of the Council are changed from "supervise and administer the work of the Council" to "articulate and implement policies established by the Council." In addition, the bill provides that the State may not apply hiring freezes, reductions in force, prohibitions on travel or other policies to the staff of the Council to the extent that these policies would adversely impact the staff or functions funded with federal funds or would prevent the Council from carrying out its functions.

Action Taken: Council staff worked closely with the Legislature and the Governor's office to develop legislation that was consistent with all requirements of the federal law and to support its passage.

Current Status: Signed into law April 23, 2003

Legislative Activity:
9/19/02 Introduced and referred to Assembly Health and Human Services Committee

12/16/02 Reported out of committee, 2nd reading in Assembly

1/23/03 Passed in Assembly 73-0-0

1/23/03 Received in Senate w/o committee reference, 2nd reading in Senate

2/27/03 Substituted for S2027

2/27/03 Passed in Senate and sent to Governor 35-0

4/23/03 Signed by the Governor P.L.2003, c.54

Current Status: Substitute signed into law April 23, 2003

Legislative Activity:
10/31/02 Introduced and referred to Senate Health, Human Services and Senior Citizens Committee

12/9/02 Reported out of committee, 2nd reading in Senate

2/27/03 Substituted by A2729