GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 332
Committee Substitute Favorable 5/3/91

Short Title:  Council on Disabilities Change.	(Public)
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Sponsors:
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Referred to:  
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March 26, 1991

A BILL TO BE ENTITLED
AN ACT TO CONFORM THE LAW REGARDING THE GOVERNOR'S APPOINTMENTS TO THE GOVERNOR'S ADVOCACY COUNCIL FOR PERSONS WITH DISABILITIES TO FEDERAL LAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143B-403.2 reads as rewritten:
"§ 143B-403.2.  Governor's Advocacy Council for Persons with Disabilities – members; selection; quorum; compensation.
(a)	The Governor's Advocacy Council for Persons with Disabilities of the Department of Administration shall consist of " 21 members, appointed as follows:
(1)	Seven members appointed by the Governor;
(2)	One member appointed by the General Assembly upon the recommendation of the President of the Senate;
(3)	One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives;
(4)	Twelve members by the Chair of the Council upon the recommendation of, and after consultation with, statewide advocacy and membership organizations associated with persons covered by the federal Developmental Disabilities Assistance and Bill of Rights Act.  One of the members appointed by the Chair of the Council shall be the Chair of the Protection and Advocacy for the Mentally Ill Advisory Committee of the Governor's Advocacy Council for Persons with Disabilities, ex officio.
(b)	Of the members appointed to the Council, at least eight shall be disabled persons or family members of disabled persons, with representation as follows:
(1)	Two representatives of persons with disabilities;
(2)	Two representatives of persons with mental retardation; and
(3)	One representative of persons with sensory impairment.
	(c) Members appointed to fit the representative categories shall be initially appointed as terms expire and as vacancies occur, until all categories are filled.  Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. The Chair of the Council shall appoint one person from each congressional district in accordance with G.S. 147-12(3)b.  An administrator in any branch of State government that delivers services to persons with disabilities is not eligible for membership on the Council.
(d)	The initial term for one half of the members appointed by the Governor and the Chair of the Council shall be two years. The initial term for the remaining members appointed by the Governor and the Chair of the Council shall be four years. At the end of the respective terms of office of the initial members of the Council, the appointment of all members shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be filled within 60 days after the date on which the vacancy occurs and shall be for the balance of the unexpired term. The initial members appointed by the General Assembly shall serve for terms to expire June 30, 1993. Subsequently, members appointed by the General Assembly shall serve two-year terms beginning July 1, 1993, and biennially thereafter.
The Governor may remove any member of the Council appointed by the Governor.
The Governor shall designate one member of the Council to serve as chair and one member to serve as vice-chair at his pleasure.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Administration."
Sec. 2.  This act becomes effective July 1, 1991.