29 U.S. Code § 796d - Statewide Independent Living Council
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
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.
The 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—
(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 members
The Council may include—
(A) In general
The Council shall be composed of members—
(iii) who are knowledgeable about centers for independent living and independent living services; and
(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 term
Each 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
(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.
The Council shall—
(1) jointly develop and sign (in conjunction with the designated State unit) the State plan required in section 796c of this title;
(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
(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.
(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.
(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.
Source(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.)
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).
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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