§ 42-51-12. Designated state entity. (a) The governor's commission on disabilities shall be the designated state entity (DSE), pursuant to section 705(e) of the Workforce Innovation and Opportunity Act (29 U.S.C. § 796c). As the DSE, the commission shall apply for and:

(1) Receive, account for, and disburse funds received by the state under Part B based on the state independent living plan (SILP);

(2) Provide administrative support services for a program under Part B;

(3) Keep such records, and afford such access to such records, as the administrator finds to be necessary with respect to the programs;

(4) Submit such additional information or provide such assurances as the administrator may require with respect to the programs; and

(5) Retain not more than five percent (5%) of the funds received by the state for any fiscal year under Part B, for the performance of the services outlined in subdivisions (a)(1) through (4) of this section. For purposes of these regulations, the five percent (5%) cap on funds for administrative expenses applies only to the Part B funds allocated to the state and to the state's required ten percent (10%) Part B match. It does not apply to other program income funds, including, but not limited to, payments provided to the state from the social security administration for assisting social security beneficiaries and recipients to achieve employment outcomes, any other federal funds, or to other funds allocated by the state for IL purposes.

(b) The DSE shall carry out its other responsibilities under the act, including, but not limited to, arranging for the delivery of IL services under Part B of the act, and for the necessary and sufficient resources needed by the statewide independent living council (SILC) to fulfill its statutory duties and authorities, as authorized in the approved state plan.

(c) Fiscal and accounting requirements: The DSE shall adopt fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of, and accounting for, federal funds provided to centers for independent living (CILs), SILCs, and/or other service providers under the independent living services (ILS) program. The DSE must comply with all applicable federal and state laws and regulations, including those in 45 C.F.R. part 75.

(d) The SILC shall not be established as an entity within a state agency, including the DSE. The SILC shall be independent of and autonomous from the DSE and all other state agencies.

History of Section. (P.L. 2016, ch. 142, art. 4, § 19.)