§ 796d. Statewide Independent Living Council
(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)
Composition
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;
(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.
(4)
Qualifications
(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
(c)
Duties
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;
(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.
(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.