The state council shall consist of voting members as described in federal law, for staggered terms. The members of the council shall be residents of the State. The council shall at all times include in its membership six representatives from the neighbor islands with a minimum of one representative from Hawaii, Kauai, and Maui county and representatives of the following, unless these programs are no longer in existence in the State: state entities that administer funds provided under federal law relating to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and Titles V and XIX of the Social Security Act (42 U.S.C. 701 et seq. and 1396 et seq.), university centers for excellence in developmental disabilities education, research, and service, and the state protection and advocacy system, and local and nongovernmental agencies, and private nonprofit groups concerned with services for individuals with developmental disabilities in this State.
(1) Not less than sixty per cent of the membership of the council shall consist of individuals who are: (A) Individuals with developmental disabilities or their parents; or(B) Immediate relatives or guardians of such persons, and who are not employees of a state agency which receives funds or provides services under the state council, or managing employees, or persons with an ownership or controlling interest of any other entity which receives funds or provides services under the state council;(2) Of the members of the council described in paragraph (1): (A) At least one-third shall be individuals with developmental disabilities; and(B) At least one-third shall be immediate relatives or guardians of such person, of which at least one shall be an immediate relative or guardian of an institutionalized individual with developmental disabilities; and(3) The members of the state council shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their duties under this chapter.L 1975, c 198, §4; am L 1979, c 180, pt of §1; am L 1983, c 121, §2; am L 1986, c 45, §1; am L 2001, c 175, §4 .