In this subtitle the following words have the meanings indicated. “Centers for Independent Living” means community–based organizations that are designed and operated by people with disabilities. “Council” means the Maryland Statewide Independent Living Council. “Designated State Entity” means the State entity identified in the State Plan for Independent Living as having responsibility for providing administrative support and disbursement of funds to the Council to carry out the State Plan. “State Plan” means the State Plan for Independent Living that is required to receive funds under the federal Rehabilitation Act.

There is a Maryland Statewide Independent Living Council that is a tax–exempt body politic and corporate and is an instrumentality of the State. The Council is the entity that was created in 1993 by an executive order issued by the Governor, which established the Council in accordance with the federal Rehabilitation Act. The Council shall: work in conjunction with Centers for Independent Living in submitting, monitoring, implementing, and evaluating the State Plan; and carry out other duties as required under this subtitle and the federal Rehabilitation Act to support the implementation of the State Plan.

The Governor shall appoint the members of the Council in accordance with the federal Rehabilitation Act or any other federal law that modifies provisions for statewide independent living councils. A member of the Council shall reside in the State. In making appointments to the Council, the Governor shall consider: diversity based on sex, gender identity, sexual orientation, race, ethnicity, and economic status; and representation from all geographic regions of the State. A member of the Council may not serve more than two consecutive full 3–year terms. In the event of a vacancy on the Council: the Council may continue to execute its duties; and the Governor shall appoint a member of the Council in accordance with subsection (a) of this section. A member appointed to fill a vacancy shall serve only for the balance of the remaining term at the time of appointment. The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position. Each year the Council shall elect a chair from among its members. A member of the Council: may not receive compensation as a member of the Council; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Council may act with an affirmative vote of a majority of its members.

The Council shall employ an Executive Director. The Executive Director shall have experience with, and possess qualifications relevant to, the activities and purposes of the Council. The Council may: employ a staff; adopt bylaws, policies, and procedures related to operating the Council; retain any necessary accountants, financial advisors, or other consultants; maintain offices at a place the Council designates in the State; accept loans, grants, or assistance of any kind from any entity of federal, State, or local government, an institution of higher education, or a private source if the Council gives prior notice to the Designated State Entity; enter into contracts and other legal instruments; sue or be sued; and do all things necessary or convenient to carry out the powers granted by this subtitle.

The Attorney General is the legal advisor to the Council. With the approval of the Attorney General, the Council may retain any other necessary attorneys.

Except as provided in subsections (b), (c), and (e) of this section, the Council is exempt from Title 10 and Division II of the State Finance and Procurement Article. The Council is subject to: the Open Meetings Act; and the Public Information Act. The employees of the Council are subject to the Public Ethics Law. The employees of the Council are not subject to the provisions of Division I of the State Personnel and Pensions Article that govern the State Personnel Management System. The Council and the employees of the Council are subject to Title 12, Subtitle 4 of the State Finance and Procurement Article. Each year, the Designated State Entity shall audit the books and records of the Council.

A debt, a claim, an obligation, or a liability of the Council is not: a debt, a claim, an obligation, or a liability of the State; or a pledge of the credit of the State. The Council is exempt from State and local taxes.