PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1153 "(xii) at least one representative described in subparagraph (A)(xi). "(C) EXCEPTION. —In the case of a separate Council established under subsection (a)(2), any Council that is required by State law, as in effect on the date of enactment of the Rehabilitation Act Amendments of 1992, to have fewer than 15 members shall be deemed to be in compliance with subparagraph (B) if the Council— "(i) meets the requirements of subparagraph (B), other than the requirements of clauses (vi) and (ix) of such subparagraph; and "(ii) includes at least— "(I) one representative described in subparagraph (B)(vi); and "(II) one applicant or recipient described in subparagraph (B)(ix). " (2) Ex OFFICIO MEMBER.— The Director of the designated State unit shall be an ex officio, nonvoting member of the Council. "(3) APPOINTMENT. —Members of the Council shall be appointed by the Governor. The Governor 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. In selecting members, the Governor shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. " (4) QUALIFICATIONS.— "(A) IN GENERAL.— ^A majority of Council members shall be persons who are— "(i) individuals with disabilities described in section 7(20)(A); and "(ii) not employed by the designated State unit. "(B) SEPARATE COUNCIL.— In the case of a separate Council established under subsection (a)(2), a majority of Council members shall be persons who are— "(i) blind; and "(ii) not employed by the designated State unit. "(5) CHAIRPERSON. — "(A) IN GENERAL. —Except as provided in subparagraph (B), the Council shall select a chairperson from among the membership of the Council. "(B) DESIGNATION BY GOVERNOR. — In States in which the chief executive officer does not have veto power pursuant to State law, the Governor shall designate a member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a member. "(6) TERMS OF APPOINTMENT. — "(A) LENGTH OF TERM. —Each member of the Council shall serve for a term of not more than 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 Governor) for
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