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"38-9A-5.

"(a) The State Support Council is created and shall be comprised of not more than 15 consumer and family members. Of these, there will be three representatives appointed by each regional support council. These shall include a regional council officer, one other regional council member, and a community council member. Additionally, the following individuals or their designees shall serve as nonvoting advisory members: The Chair of the Developmental Disabilities Planning Council, the Commissioner of the Department of Human Resources, the Commissioner of the Department of Mental Health and Mental Retardation, the State Superintendent of Education, the Director of the Department of Rehabilitation Services, and the State Health Officer of the Department of Public Health. The State Support Council shall provide a forum for the development of a state plan for an individual and family support system reflecting the experiences and needs of each region which shall be updated at least every three years and a forum for the consolidation and presentation of the annual budget request. The State Support Council shall make an annual report to the Legislature that includes an evaluation of the program and recommendations for future policy in individual and family supports. The report shall also be distributed to the Governor for dissemination to state agencies.

"(b) The state council shall also develop a code of ethics for the council, including a policy regarding potential conflicts on interest in membership, receipt of supports, and other areas as appropriate.

"(c) The state council shall meet at least quarterly.

"38-9A-6.

"(a) The local, regional, and state plans for individual and family supports developed by each community and regional council and the state support council shall be developed in conjunction with the regional planning process of the Division of Mental Retardation of the Department of Mental Health and Mental Retardation. These plans and accompanying proposed budgets shall be considered by the Commissioner of the Department of Mental Health and Mental Retardation as a line item in the department's budget request that is annually submitted to the Governor's office.

"(b) The minimum level of funding in any year in the line item shall be six hundred fifty thousand dollars ($650,000) as a continuation of current funding from the Department of Mental Health and Mental Retardation, except that this amount may be reduced in a fiscal year in an amount equal to or less than any reduction applied to all other community-based programs and services of the Division of Mental Retardation in that same fiscal year. Provided, however, this exception shall not apply to federal maintenance of effort requirements. The councils may request the allocation of additional new funds in the budget of the Department of Mental Health and Mental Retardation for the Individual and Family Support Program and may also receive new funds from other state agencies and from the State General Fund.

"(c) The state, regional, or affiliated community councils, as defined by this chapter, are exempted from any county and local and sales and use taxes."

Section 2. (a) It is the intent of the Legislature to continue the Individual and Family Support Program established pursuant to Chapter 9A, commencing with Section 38-9A-1, of Title 38 of the Code of Alabama 1975.

(b) Chapter 9A of Title 38 of the Code of Alabama 1975, is continued and shall be a permanent statute.

(c) Section 9 of Act 93-334, S.421, 1993 Regular Session (Acts 1993, p. 507), is amended to read as follows:

"Section 9. This act shall become effective October 1, 1993."

Section 3. This act shall become effective of the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Approved May 14, 1997

Time: 9:33 A.M.

I hereby certify that the foregoing copy of an Act of the Legislature of Alabama has been compared with the enrolled Act and it is a true and correct copy thereof.

Given under my hand this 14th day of May, 1997.

McDOWELL LEE
Secretary of Senate

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