AN ACT Relating to developmental disabilities; and adding a new chapter to Title 71 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The developmental disabilities planning council is established. The council shall be administratively attached to and provide advice to the office of the governor. The council is intended to meet the requirements of United States Public Law 91-517 as amended by Public Law 94-103 and Public Law 95-602 as now or hereafter amended, referred to in this chapter as "the federal act." "Council," as used in this chapter, means the developmental disabilities planning council.

NEW SECTION. Sec. 2. The council shall serve as an advocate for people with developmental disabilities. It shall advise the governor of significant current issues and future trends in the provision of services to people with developmental disabilities.

In addition, the council shall:

(1) Establish priorities, set the principals, and determine the service delivery needs to be met in the state plan required under the federal act. The division of developmental disabilities of the department of social and health services shall provide the necessary data and assistance to develop the state plan based upon the findings of the council and subject to the council's approval;

(2) Monitor, review, and evaluate, not less often than annually, the implementation of the state plan;

(3) To the maximum extent feasible, review and comment on all state plans in the state which relate to programs affecting persons with developmental disabilities; and

(4) Submit to the secretary of the federal department of health and human services, through the governor, such periodic reports on the council's activities as the secretary may reasonably request, and keep such records and afford such access thereto as the secretary finds necessary to verify the reports.

NEW SECTION. Sec. 3. (1) Members of the council shall be appointed by the governor. The council shall at all times include in its membership representatives of the principal state agencies, higher education facilities, local agencies, and nongovernmental agencies and groups concerned with services to people with developmental disabilities within the state. The director of the protection and advocacy agency established under section 5 of this act shall be a member of the council.

(2) At least one-half of the membership of the council shall consist of persons who are:

(a) Persons with developmental disabilities or parents or guardians of such persons; or

(b) Immediate relatives or guardians of persons with mentally impairing developmental disabilities,

!ixwho are not employees of a state agency that receives funds or provides services to people with developmental disabilities, who are not managing employees of any other entity that receives funds or provides services, and who are not persons with an ownership or control interest with respect to such an entity.

(3) Of the members of the council described in subsection (2) of this section:

(a) At least one-third shall be persons with developmental disabilities; and

(b) At least one-third shall be individuals described in subsection (2)(b) of this section and at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability.

(4) Council members may serve no more than two consecutive three-year terms. In making the initial appointments, the governor may provide for staggered terms of office. No more than five nongovernmental agency members' terms shall expire in any one year. The governor shall designate the chairperson of the council.

NEW SECTION. Sec. 4. The council shall be funded from moneys made available under the federal act to the council for administrative purposes.

Appropriate and sufficient staff consisting of at least an executive director and secretary shall be hired by the council. The council shall have sole supervision, control, and direction of the staff and the staff shall not have joint responsibility with any other agency.

NEW SECTION. Sec. 5. There is established a state-wide protection and advocacy agency to provide advocacy services as specified in this section for people with developmental and other mental, physical, and sensory disabilities. The agency shall be a private nonprofit corporation, independent of any state or private agency that provides treatment services or habilitation to people with mental, physical, or sensory disabilities. The agency shall be designated by the governor and shall be funded, in addition to any other public or private money, with funds appropriated for that purpose under Public Law 95-602 as now or hereafter amended. The funds shall not be administered by the state developmental disabilities planning council.

NEW SECTION. Sec. 6. The protection and advocacy agency shall protect and advocate for the rights of people with developmental and other physical, mental, and sensory disabilities. It has the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of such persons who are receiving treatment, services, or habilitation within the state. It shall also provide information on and referral to programs and services addressing the needs of people with disabilities.

NEW SECTION. Sec. 7. The protection and advocacy agency may obtain access to the records of a person with a disability if a complaint has been received by the agency for or on behalf of the person and the person does not have a legally responsible parent, guardian, or limited guardian.

NEW SECTION. Sec. 8. The governor shall designate a public or private agency to conduct the client assistance program established under section 112 of Public Law 98-221 as now or hereafter amended.

The agency to be designated shall be independent of any agency which provides treatment, services, or rehabilitation to individuals covered under Public Law 98-221. In making the designation, the governor shall consult with the director of the division of vocational rehabilitation of the department of social and health services, the director of the protection and advocacy agency, and representatives of professional and consumer organizations serving individuals with disabilities within the state.

NEW SECTION. Sec. 9. The client assistance program may pursue legal, administrative, and other appropriate remedies to ensure the protection of rights of people receiving treatment, services, or rehabilitation under Public Law 98-221. The governor is authorized to designate the protection and advocacy agency to fill the requirements of the client assistance program.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 71 RCW.