GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 608
HOUSE BILL 332

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)	Seven members appointed by the General Assembly upon the recommendation of the President of the Senate;
(3)	Seven members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(b)	Of the members appointed to the Council, at least 12 shall be disabled persons or family members of disabled persons, with representation as follows:
(1)	One representative of persons associated with substance abuse, one representative of persons with sensory impairment, one representative of persons with physical disabilities, one person who shall serve as Chair of the Protection and Advocacy for the Mentally Ill Advisory Committee of the Governor's Advocacy Council for Persons with Disabilities, to be appointed by the Governor;
(2)	One representative of persons with mental retardation, one representative of persons with developmental disabilities, one representative of persons with mental illness and one representative of persons with sensory impairment, to be appointed upon recommendation of the President of the Senate; and
(3)	One representative of persons with mental retardation, one representative of persons with developmental disabilities, one representative of persons with mental illness, and one representative of persons with physical disabilities, to be appointed upon recommendation of the Speaker of the House of Representatives.
Appointments to the Council under the provisions of this subsection shall be made after consultation with and consideration of recommendations from statewide advocacy and membership organizations associated with persons covered by the federal Developmental Disabilities Assistance and Bill of Rights and the Protection and Advocacy for Mentally Ill Individuals Act.
(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.  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 three of the members appointed by the Governor shall be two years.  The initial term for the remaining members appointed by the Governor 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. 
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 August 1, 1991.
In the General Assembly read three times and ratified this the 9th day of July, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives