Page:United States Statutes at Large Volume 92 Part 3.djvu/383

 PUBLIC LAW 95-602—NOV. 6, 1978

92 STAT. 3015

(c) Section 133(d)(2) is amended by striking out "during the fis- 42 USC 6063, cal year ending June 30, 1975" and inserting in lieu thereof "during the previous fiscal year". STATE P L A N N I N G COUNCILS

SEC. 512. (a) Subsection (a) of section 137 is amended to read as follows: "(a)(1) Each State which receives assistance under this part shall establish a State Planning Council which will serve as an advocate for persons with developmental disabilities (as defined in section 102 (7)). The members of the State Planning Council of a State shall be appointed by the Governor of the State from among the residents of that State. The Governor of each State shall make appropriate provisions for the rotation of membership on the Council of his respective State. Each State Planning Council shall at all times include in its membership representatives of the principal State agencies, higher education training facilities, local agencies, and nongovernmental agencies and groups concerned with services to persons with developmental disabilities in that State. "(2) At least one-half of the membership of each such Council shall consist of persons who— " (A) are persons with developmental disabilities or parents or guardians of such persons, or " (B) are immediate relatives or guardians of persons with mentally impairing developmental disabilities, who are not employees of a State agency which receives funds or provides services under this part, who are not managing employees (as defined in section 1126(b) of the Social Security Act) of any other entity which receives funds or provides services under this part, and who are not persons with an ownership or control interest (within the meaning of section 1124(a)(3) of the Social Security Act) with respect to such an entity, "(3) Of the members of the Council described in paragraph (2)— "(A) at least one-third shall be persons with developmental disabilities, and "(B)(i) at least one-third shall be individuals described in subparagraph (B) of paragraph (2), and (ii) at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability.". (b) Section 137(b) is amended to read as follows: "(b) Each State Planning Council shall— "(1) develop jointly with the State agency or agencies designated under section i 3 3 (b)(l)(B) the State plan required by this part, including the specification of areas of services under section 133(b)(4)(A) (ii); "(2) monitor, review, and evaluate, not less often than annually, the implementation of such 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, through the Governor, such periodic reports on its activities as the Secretary may reasonably

42 USC 6067, Establishment. Ante, p. 3004. Membership.

42 USC 1320a-5. 42 USC 1320a-3.

Review.

Reports and records.

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