§ 796d. Statewide Independent Living Council

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(a) Establishment
To be eligible to receive financial assistance under this part, each State shall establish a Statewide Independent Living Council (referred to in this section as the “Council”). The Council shall not be established as an entity within a State agency.
(b) Composition and appointment(1) Appointment
Members of the Council shall be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities.
(2) CompositionThe Council shall include—(A) at least one director of a center for independent living chosen by the directors of centers for independent living within the State;(B) as ex officio, nonvoting members—(i) a representative from the designated State unit; and(ii) representatives from other State agencies that provide services for individuals with disabilities; and(C) in a State in which one or more projects are carried out under section 741 of this title, at least one representative of the directors of the projects.(3) Additional membersThe Council may include—(A) other representatives from centers for independent living;(B) parents and guardians of individuals with disabilities;(C) advocates of and for individuals with disabilities;(D) representatives from private businesses;(E) representatives from organizations that provide services for individuals with disabilities; and(F) other appropriate individuals.(4) Qualifications(A) In generalThe Council shall be composed of members—(i) who provide statewide representation;(ii) who represent a broad range of individuals with disabilities from diverse backgrounds;(iii) who are knowledgeable about centers for independent living and independent living services; and(iv) a majority of whom are persons who are—(I) individuals with disabilities described in section 705(20)(B) of this title; and(II) not employed by any State agency or center for independent living.(B) Voting membersA majority of the voting members of the Council shall be—(i) individuals with disabilities described in section 705(20)(B) of this title; and(ii) not employed by any State agency or center for independent living.(5) Chairperson(A) In general
Except as provided in subparagraph (B), the Council shall select a chairperson from among the voting membership of the Council.
(B) Designation by chief executive officer
In States in which the Governor does not have veto power pursuant to State law, the appointing authority described in paragraph (3) shall designate a voting member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a voting member.
(6) Terms of appointment(A) Length of termEach member of the Council shall serve for a term of 3 years, except that—(i) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and(ii) the terms of service of the members initially appointed shall be (as specified by the appointing authority described in paragraph (3)) for such fewer number of years as will provide for the expiration of terms on a staggered basis.(B) Number of terms
No member of the Council may serve more than two consecutive full terms.
(7) Vacancies(A) In general
Except as provided in subparagraph (B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
(B) Delegation
The appointing authority described in paragraph (3) may delegate the authority to fill such a vacancy to the remaining voting members of the Council after making the original appointment.
(c) DutiesThe Council shall—(1) jointly develop and sign (in conjunction with the designated State unit) the State plan required in section 796c of this title;(2) monitor, review, and evaluate the implementation of the State plan;(3) coordinate activities with the State Rehabilitation Council established under section 725 of this title, if the State has such a Council, or the commission described in section 721(a)(21)(A) of this title, if the State has such a commission, and councils that address the needs of specific disability populations and issues under other Federal law;(4) ensure that all regularly scheduled meetings of the Statewide Independent Living Council are open to the public and sufficient advance notice is provided; and(5) submit to the Commissioner such periodic reports as the Commissioner may reasonably request, and keep such records, and afford such access to such records, as the Commissioner finds necessary to verify such reports. (d) Hearings and forums
The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council.
(e) Plan(1) In general
The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and personnel, as may be necessary and sufficient to carry out the functions of the Council under this section, with funds made available under this part, and under section 730 of this title (consistent with section 721(a)(18) of this title), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.
(2) Supervision and evaluation
Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out the functions of the Council under this section.
(3) Conflict of interest
While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State agency or any other agency or office of the State, that would create a conflict of interest.
(f) Compensation and expenses
The Council may use such resources to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

(Pub. L. 93–112, title VII, § 705, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1220; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(c)(7)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–416.)

Prior Provisions

A prior section 796d, Pub. L. 93–112, title VII, § 705, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4446; amended Pub. L. 103–73, title I, § 114(c), Aug. 11, 1993, 107 Stat. 728, related to Statewide Independent Living Councils, prior to the general amendment of this subchapter by Pub. L. 105–220.

Another prior section 796d, Pub. L. 93–112, title VII, § 705, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2997; amended Pub. L. 99–506, title I, § 103(d)(2)(B), (C), (h)(2), title VIII, § 802, title X, § 1001(g)(3), Oct. 21, 1986, 100 Stat. 1810, 1811, 1837, 1843; Pub. L. 100–630, title II, § 208(d), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607, related to State plans for providing comprehensive services for independent living, prior to repeal by Pub. L. 102–569, § 701(1).

Amendments

1998—Subsec. (b)(1). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(7)(A)], in first sentence, substituted “by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity” for “by the Governor” and, in second sentence, substituted “The appointing authority” for “The Governor”.

Subsec. (b)(5)(B). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(7)(B)], substituted “chief executive officer” for “Governor” in heading and “appointing authority described in paragraph (3) shall” for “Governor shall” in text.

Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(7)(C)], substituted “appointing authority described in paragraph (3)” for “Governor”.

                    
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