(a) There isestablished the Vocational Rehabilitation Council within the Division ofVocational Rehabilitation Services to be composed of not more than 18 appointedmembers. Appointed members shall be voting members except where prohibited byfederal law or regulations. The Director of the Division of VocationalRehabilitation Services and one vocational rehabilitation counselor who is anemployee of the Division shall serve ex officio as nonvoting members. ThePresident Pro Tempore of the Senate shall appoint six members, the Speaker ofthe House of Representatives shall appoint six members, and the Governor shallappoint five or six members. The appointing authorities shall appoint membersof the Council after soliciting recommendations from representatives oforganizations representing a broad range of individuals with disabilities.Terms of appointment shall be as specified in subsection (d1) of this section.Appointments shall be made as follows:
(1) The six membersappointed by the President Pro Tempore of the Senate shall include one memberrecommended by the North Carolina Chamber, one other representing providers ofcommunity rehabilitation services, one other who is a vocational rehabilitationcounselor, with knowledge of and experience with vocational rehabilitationprograms, who is not an employee of the Division, one other representing theCommission on Workforce Preparedness, and two others representing disabilityadvocacy groups representing a cross‑section of individuals withphysical, cognitive, sensory, and mental disabilities. Of the six membersappointed by the President Pro Tempore of the Senate, three shall beindividuals with disabilities;
(2) The six membersappointed by the Speaker of the House of Representatives shall include onemember representing the business and industry sector, one other representinglabor, one other representing a parent training and information centerestablished pursuant to section 631(c) of the Individuals with DisabilitiesEducation Act, 20 U.S.C. § 1431(c), one other representing the Department ofPublic Instruction, and two others representing disability advocacy groupsrepresenting a cross‑section of individuals with physical, cognitive,sensory, and mental disabilities. Of the six members appointed by the Speakerof the House of Representatives, three shall be individuals with disabilities;and
(3) The five or sixmembers appointed by the Governor shall include one member representing thebusiness and industry sector, one other representing the regionalrehabilitation centers for the physically disabled, one other representing theDivision's Statewide Independent Living Council, one other representing theState's Client Assistance Program, one other representing the directors ofprojects carried out under section 121 of the Rehabilitation Act of 1973, 29U.S.C. § 741, as amended, if there are any of these projects in the State, andone other current or former applicant for or recipient of vocationalrehabilitation services. If five members are appointed by the Governor, threeshall be individuals with disabilities. If six members are appointed by theGovernor, four shall be individuals with disabilities.
(b) Repealed by SessionLaws 1993, c. 248, s. 1.
(b1) AdditionalQualifications. In addition to ensuring the qualifications for membershipprescribed in subsection (a) of this section, the appointing authorities shallensure that a majority of Council members are individuals with disabilities andare not employed by the Division of Vocational Rehabilitation Services.
(c) The Council shallelect one of the voting members of the Council as Chair of the Council. TheChair's term shall not exceed a single three‑year term.
(d) The Council shallmeet at least quarterly and at other times at the call of the Chair. A majorityof the voting members of the Council constitutes a quorum.
(d1) Terms of Appointment.
(1) Length of Term. Eachmember of the Council shall serve for a term of not more than three years,except that:
a. A member appointedto fill a vacancy occurring prior to the expiration of the term for which apredecessor was appointed shall be appointed for the remainder of that term;
b. The terms of serviceof the members initially appointed are as specified by the appointing authorityfor a fewer number of years as will provide for the expiration of terms on astaggered basis and shall include the members of the existing Council to theextent possible with appropriate adjustments to their terms;
c. The appointingauthority shall have the power to remove any member of the Council from officein accordance with the provisions of G.S. 143B‑16; and
d. A member maycontinue to serve until a successor for the position is appointed;
(2) Number of Terms. Nomember of the Council other than the representative of the Client AssistanceProgram and the representative of the directors of projects carried out undersection 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, as amended, mayserve more than two consecutive full terms.
(d2) Vacancies. Anyvacancy occurring in the membership of the Council shall be filled in the samemanner as the original appointment. The vacancy shall not affect the power ofthe remaining members to execute the duties of the Council.
(d3) Functions ofCouncil. The Council shall, after consulting with the Commission on WorkforcePreparedness:
(1) Review, analyze, andadvise the Division regarding the performance of its responsibilities underTitle I of the Rehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C.§ 720, et seq., as amended, particularly responsibilities relating to:
a. Eligibility,including order of selection;
b. The extent, scope,and effectiveness of services provided; and
c. Functions performedby State agencies that affect or that potentially affect the ability ofindividuals with disabilities in achieving employment outcomes under Title I ofthe Rehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, etseq.;
(1a) In partnership withthe Division:
a. Develop, agree to,and review State goals and priorities in accordance with section 101(a)(15)(C)of the Rehabilitation Act of 1973, 29 U.S.C. § 721(a)(15)(C); and
b. Evaluate theeffectiveness of the vocational rehabilitation program and submit reports ofprogress to the Commissioner of the Rehabilitation Services Administration ofthe U.S. Department of Education in accordance with section 101(a)(15)(E) ofthe Rehabilitation Act of 1973, 29 U.S.C. § 721(a)(15)(E);
(2) Advise theDepartment of Health and Human Services and the Division regarding activitiesauthorized to be carried out under Title I of the Rehabilitation Act of 1973,Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq., as amended and assist inthe preparation of applications, the State Plan, amendments to the plans,reports, needs assessments, and evaluations required by Title I of theRehabilitation Act of 1973;
(3) To the extentfeasible, conduct a review and analysis of the effectiveness of, and consumersatisfaction with:
a. Vocationalrehabilitation functions and services provided by the Department of Health andHuman Services and other State agencies and public and private entitiesresponsible for providing vocational rehabilitation services to individualswith disabilities under the Rehabilitation Act of 1973, Pub. L. No. 93‑112,87 Stat. 355, 29 U.S.C. § 701, et seq.; and
b. Repealed by SessionLaws 1999‑161, s. 2, effective June 8, 1999.
c. Employment outcomesachieved by eligible individuals receiving services under Title I of theRehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq.,as amended, including the availability of health and other employment benefitsin connection with those employment outcomes;
(4) Prepare and submitan annual report to the Governor and the Commissioner of the RehabilitationServices Administration of the U.S. Department of Education on the status ofvocational rehabilitation programs operated within the State and make thereport available to the public;
(5) Coordinateactivities with the activities of other councils within the State, includingthe Division's Statewide Independent Living Council established under section705 of the Rehabilitation Act of 1973, 29 U.S.C. § 742, the advisory panelestablished under section 612(a)(21) of the Individuals with DisabilitiesEducation Act, 20 U.S.C. § 1413(a)(12), the State Development DisabilitiesCouncil described in section 124 of the Developmental Disabilities Assistanceand Bill of Rights Act, 42 U.S.C. § 6024, the State Mental Health PlanningCouncil established under section 1914(a) of the Public Health Service Act, 42U.S.C. § 300x‑4(e), and the Commission on Workforce Preparedness;
(6) Provide forcoordination and the establishment of working relationships between theDepartment and the Statewide Independent Living Council and centers forindependent living within the State; and
(7) Perform such otherfunctions, consistent with the purpose of Title I of the Rehabilitation Act of1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq., as amended, as theCouncil determines to be appropriate, that are comparable to other functionsperformed by the Council.
(d4) Resources.
(1) The Division shallsupply all necessary clerical and staff support to the Council pursuant to G.S.143B‑14(a) and (d). The Council shall prepare, in conjunction with theDivision, a plan for the provision of such resources as may be necessary andsufficient to carry out the functions of the Council under this Part. Theresource plan shall, to the maximum extent possible, rely on the use of resourcesin existence during the period of implementation of the plan.
(2) To the extent thatthere is a disagreement between the Council and the Division in regard to theresources necessary to carry out the functions of the Council as set forth inthis Part, the disagreement shall be resolved by the Governor.
(3) While assisting theCouncil in carrying out its duties, staff and other personnel shall not beassigned duties by the Division or any other agency of the State that wouldcreate a conflict of interest.
(d5) Member Conflict ofInterest. No member of the Council shall cast a vote on any matter that wouldprovide direct financial benefit to the member or otherwise give the appearanceof a conflict of interest under State law.
(e) Council members shallbe reimbursed for expenses incurred in the performance of their duties inaccordance with G.S. 138‑5. In addition, Council members may bereimbursed for personal assistance services that are necessary for members toattend Council meetings and perform Council duties. These expenses shall notexceed whichever is lower, the actual cost of the services or the Medicaid rateper day for personal assistance services, in addition to subsistence and travelexpenses at the State rate for the attendant.
(f) Repealed bySession Laws 1993, c. 248, s. 1. (1991 (Reg. Sess., 1992), c. 900, s. 150; 1993, c.248, s. 1; 1997‑443, s. 11A.118(a); 1997‑509, s. 1; 1999‑161,s. 2; 2009‑570, s. 8(e).)
(a) There isestablished the Vocational Rehabilitation Council within the Division ofVocational Rehabilitation Services to be composed of not more than 18 appointedmembers. Appointed members shall be voting members except where prohibited byfederal law or regulations. The Director of the Division of VocationalRehabilitation Services and one vocational rehabilitation counselor who is anemployee of the Division shall serve ex officio as nonvoting members. ThePresident Pro Tempore of the Senate shall appoint six members, the Speaker ofthe House of Representatives shall appoint six members, and the Governor shallappoint five or six members. The appointing authorities shall appoint membersof the Council after soliciting recommendations from representatives oforganizations representing a broad range of individuals with disabilities.Terms of appointment shall be as specified in subsection (d1) of this section.Appointments shall be made as follows:
(1) The six membersappointed by the President Pro Tempore of the Senate shall include one memberrecommended by the North Carolina Chamber, one other representing providers ofcommunity rehabilitation services, one other who is a vocational rehabilitationcounselor, with knowledge of and experience with vocational rehabilitationprograms, who is not an employee of the Division, one other representing theCommission on Workforce Preparedness, and two others representing disabilityadvocacy groups representing a cross‑section of individuals withphysical, cognitive, sensory, and mental disabilities. Of the six membersappointed by the President Pro Tempore of the Senate, three shall beindividuals with disabilities;
(2) The six membersappointed by the Speaker of the House of Representatives shall include onemember representing the business and industry sector, one other representinglabor, one other representing a parent training and information centerestablished pursuant to section 631(c) of the Individuals with DisabilitiesEducation Act, 20 U.S.C. § 1431(c), one other representing the Department ofPublic Instruction, and two others representing disability advocacy groupsrepresenting a cross‑section of individuals with physical, cognitive,sensory, and mental disabilities. Of the six members appointed by the Speakerof the House of Representatives, three shall be individuals with disabilities;and
(3) The five or sixmembers appointed by the Governor shall include one member representing thebusiness and industry sector, one other representing the regionalrehabilitation centers for the physically disabled, one other representing theDivision's Statewide Independent Living Council, one other representing theState's Client Assistance Program, one other representing the directors ofprojects carried out under section 121 of the Rehabilitation Act of 1973, 29U.S.C. § 741, as amended, if there are any of these projects in the State, andone other current or former applicant for or recipient of vocationalrehabilitation services. If five members are appointed by the Governor, threeshall be individuals with disabilities. If six members are appointed by theGovernor, four shall be individuals with disabilities.
(b) Repealed by SessionLaws 1993, c. 248, s. 1.
(b1) AdditionalQualifications. In addition to ensuring the qualifications for membershipprescribed in subsection (a) of this section, the appointing authorities shallensure that a majority of Council members are individuals with disabilities andare not employed by the Division of Vocational Rehabilitation Services.
(c) The Council shallelect one of the voting members of the Council as Chair of the Council. TheChair's term shall not exceed a single three‑year term.
(d) The Council shallmeet at least quarterly and at other times at the call of the Chair. A majorityof the voting members of the Council constitutes a quorum.
(d1) Terms of Appointment.
(1) Length of Term. Eachmember of the Council shall serve for a term of not more than three years,except that:
a. A member appointedto fill a vacancy occurring prior to the expiration of the term for which apredecessor was appointed shall be appointed for the remainder of that term;
b. The terms of serviceof the members initially appointed are as specified by the appointing authorityfor a fewer number of years as will provide for the expiration of terms on astaggered basis and shall include the members of the existing Council to theextent possible with appropriate adjustments to their terms;
c. The appointingauthority shall have the power to remove any member of the Council from officein accordance with the provisions of G.S. 143B‑16; and
d. A member maycontinue to serve until a successor for the position is appointed;
(2) Number of Terms. Nomember of the Council other than the representative of the Client AssistanceProgram and the representative of the directors of projects carried out undersection 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, as amended, mayserve more than two consecutive full terms.
(d2) Vacancies. Anyvacancy occurring in the membership of the Council shall be filled in the samemanner as the original appointment. The vacancy shall not affect the power ofthe remaining members to execute the duties of the Council.
(d3) Functions ofCouncil. The Council shall, after consulting with the Commission on WorkforcePreparedness:
(1) Review, analyze, andadvise the Division regarding the performance of its responsibilities underTitle I of the Rehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C.§ 720, et seq., as amended, particularly responsibilities relating to:
a. Eligibility,including order of selection;
b. The extent, scope,and effectiveness of services provided; and
c. Functions performedby State agencies that affect or that potentially affect the ability ofindividuals with disabilities in achieving employment outcomes under Title I ofthe Rehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, etseq.;
(1a) In partnership withthe Division:
a. Develop, agree to,and review State goals and priorities in accordance with section 101(a)(15)(C)of the Rehabilitation Act of 1973, 29 U.S.C. § 721(a)(15)(C); and
b. Evaluate theeffectiveness of the vocational rehabilitation program and submit reports ofprogress to the Commissioner of the Rehabilitation Services Administration ofthe U.S. Department of Education in accordance with section 101(a)(15)(E) ofthe Rehabilitation Act of 1973, 29 U.S.C. § 721(a)(15)(E);
(2) Advise theDepartment of Health and Human Services and the Division regarding activitiesauthorized to be carried out under Title I of the Rehabilitation Act of 1973,Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq., as amended and assist inthe preparation of applications, the State Plan, amendments to the plans,reports, needs assessments, and evaluations required by Title I of theRehabilitation Act of 1973;
(3) To the extentfeasible, conduct a review and analysis of the effectiveness of, and consumersatisfaction with:
a. Vocationalrehabilitation functions and services provided by the Department of Health andHuman Services and other State agencies and public and private entitiesresponsible for providing vocational rehabilitation services to individualswith disabilities under the Rehabilitation Act of 1973, Pub. L. No. 93‑112,87 Stat. 355, 29 U.S.C. § 701, et seq.; and
b. Repealed by SessionLaws 1999‑161, s. 2, effective June 8, 1999.
c. Employment outcomesachieved by eligible individuals receiving services under Title I of theRehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq.,as amended, including the availability of health and other employment benefitsin connection with those employment outcomes;
(4) Prepare and submitan annual report to the Governor and the Commissioner of the RehabilitationServices Administration of the U.S. Department of Education on the status ofvocational rehabilitation programs operated within the State and make thereport available to the public;
(5) Coordinateactivities with the activities of other councils within the State, includingthe Division's Statewide Independent Living Council established under section705 of the Rehabilitation Act of 1973, 29 U.S.C. § 742, the advisory panelestablished under section 612(a)(21) of the Individuals with DisabilitiesEducation Act, 20 U.S.C. § 1413(a)(12), the State Development DisabilitiesCouncil described in section 124 of the Developmental Disabilities Assistanceand Bill of Rights Act, 42 U.S.C. § 6024, the State Mental Health PlanningCouncil established under section 1914(a) of the Public Health Service Act, 42U.S.C. § 300x‑4(e), and the Commission on Workforce Preparedness;
(6) Provide forcoordination and the establishment of working relationships between theDepartment and the Statewide Independent Living Council and centers forindependent living within the State; and
(7) Perform such otherfunctions, consistent with the purpose of Title I of the Rehabilitation Act of1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq., as amended, as theCouncil determines to be appropriate, that are comparable to other functionsperformed by the Council.
(d4) Resources.
(1) The Division shallsupply all necessary clerical and staff support to the Council pursuant to G.S.143B‑14(a) and (d). The Council shall prepare, in conjunction with theDivision, a plan for the provision of such resources as may be necessary andsufficient to carry out the functions of the Council under this Part. Theresource plan shall, to the maximum extent possible, rely on the use of resourcesin existence during the period of implementation of the plan.
(2) To the extent thatthere is a disagreement between the Council and the Division in regard to theresources necessary to carry out the functions of the Council as set forth inthis Part, the disagreement shall be resolved by the Governor.
(3) While assisting theCouncil in carrying out its duties, staff and other personnel shall not beassigned duties by the Division or any other agency of the State that wouldcreate a conflict of interest.
(d5) Member Conflict ofInterest. No member of the Council shall cast a vote on any matter that wouldprovide direct financial benefit to the member or otherwise give the appearanceof a conflict of interest under State law.
(e) Council members shallbe reimbursed for expenses incurred in the performance of their duties inaccordance with G.S. 138‑5. In addition, Council members may bereimbursed for personal assistance services that are necessary for members toattend Council meetings and perform Council duties. These expenses shall notexceed whichever is lower, the actual cost of the services or the Medicaid rateper day for personal assistance services, in addition to subsistence and travelexpenses at the State rate for the attendant.
(f) Repealed bySession Laws 1993, c. 248, s. 1. (1991 (Reg. Sess., 1992), c. 900, s. 150; 1993, c.248, s. 1; 1997‑443, s. 11A.118(a); 1997‑509, s. 1; 1999‑161,s. 2; 2009‑570, s. 8(e).)
(a) There isestablished the Vocational Rehabilitation Council within the Division ofVocational Rehabilitation Services to be composed of not more than 18 appointedmembers. Appointed members shall be voting members except where prohibited byfederal law or regulations. The Director of the Division of VocationalRehabilitation Services and one vocational rehabilitation counselor who is anemployee of the Division shall serve ex officio as nonvoting members. ThePresident Pro Tempore of the Senate shall appoint six members, the Speaker ofthe House of Representatives shall appoint six members, and the Governor shallappoint five or six members. The appointing authorities shall appoint membersof the Council after soliciting recommendations from representatives oforganizations representing a broad range of individuals with disabilities.Terms of appointment shall be as specified in subsection (d1) of this section.Appointments shall be made as follows:
(1) The six membersappointed by the President Pro Tempore of the Senate shall include one memberrecommended by the North Carolina Chamber, one other representing providers ofcommunity rehabilitation services, one other who is a vocational rehabilitationcounselor, with knowledge of and experience with vocational rehabilitationprograms, who is not an employee of the Division, one other representing theCommission on Workforce Preparedness, and two others representing disabilityadvocacy groups representing a cross‑section of individuals withphysical, cognitive, sensory, and mental disabilities. Of the six membersappointed by the President Pro Tempore of the Senate, three shall beindividuals with disabilities;
(2) The six membersappointed by the Speaker of the House of Representatives shall include onemember representing the business and industry sector, one other representinglabor, one other representing a parent training and information centerestablished pursuant to section 631(c) of the Individuals with DisabilitiesEducation Act, 20 U.S.C. § 1431(c), one other representing the Department ofPublic Instruction, and two others representing disability advocacy groupsrepresenting a cross‑section of individuals with physical, cognitive,sensory, and mental disabilities. Of the six members appointed by the Speakerof the House of Representatives, three shall be individuals with disabilities;and
(3) The five or sixmembers appointed by the Governor shall include one member representing thebusiness and industry sector, one other representing the regionalrehabilitation centers for the physically disabled, one other representing theDivision's Statewide Independent Living Council, one other representing theState's Client Assistance Program, one other representing the directors ofprojects carried out under section 121 of the Rehabilitation Act of 1973, 29U.S.C. § 741, as amended, if there are any of these projects in the State, andone other current or former applicant for or recipient of vocationalrehabilitation services. If five members are appointed by the Governor, threeshall be individuals with disabilities. If six members are appointed by theGovernor, four shall be individuals with disabilities.
(b) Repealed by SessionLaws 1993, c. 248, s. 1.
(b1) AdditionalQualifications. In addition to ensuring the qualifications for membershipprescribed in subsection (a) of this section, the appointing authorities shallensure that a majority of Council members are individuals with disabilities andare not employed by the Division of Vocational Rehabilitation Services.
(c) The Council shallelect one of the voting members of the Council as Chair of the Council. TheChair's term shall not exceed a single three‑year term.
(d) The Council shallmeet at least quarterly and at other times at the call of the Chair. A majorityof the voting members of the Council constitutes a quorum.
(d1) Terms of Appointment.
(1) Length of Term. Eachmember of the Council shall serve for a term of not more than three years,except that:
a. A member appointedto fill a vacancy occurring prior to the expiration of the term for which apredecessor was appointed shall be appointed for the remainder of that term;
b. The terms of serviceof the members initially appointed are as specified by the appointing authorityfor a fewer number of years as will provide for the expiration of terms on astaggered basis and shall include the members of the existing Council to theextent possible with appropriate adjustments to their terms;
c. The appointingauthority shall have the power to remove any member of the Council from officein accordance with the provisions of G.S. 143B‑16; and
d. A member maycontinue to serve until a successor for the position is appointed;
(2) Number of Terms. Nomember of the Council other than the representative of the Client AssistanceProgram and the representative of the directors of projects carried out undersection 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, as amended, mayserve more than two consecutive full terms.
(d2) Vacancies. Anyvacancy occurring in the membership of the Council shall be filled in the samemanner as the original appointment. The vacancy shall not affect the power ofthe remaining members to execute the duties of the Council.
(d3) Functions ofCouncil. The Council shall, after consulting with the Commission on WorkforcePreparedness:
(1) Review, analyze, andadvise the Division regarding the performance of its responsibilities underTitle I of the Rehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C.§ 720, et seq., as amended, particularly responsibilities relating to:
a. Eligibility,including order of selection;
b. The extent, scope,and effectiveness of services provided; and
c. Functions performedby State agencies that affect or that potentially affect the ability ofindividuals with disabilities in achieving employment outcomes under Title I ofthe Rehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, etseq.;
(1a) In partnership withthe Division:
a. Develop, agree to,and review State goals and priorities in accordance with section 101(a)(15)(C)of the Rehabilitation Act of 1973, 29 U.S.C. § 721(a)(15)(C); and
b. Evaluate theeffectiveness of the vocational rehabilitation program and submit reports ofprogress to the Commissioner of the Rehabilitation Services Administration ofthe U.S. Department of Education in accordance with section 101(a)(15)(E) ofthe Rehabilitation Act of 1973, 29 U.S.C. § 721(a)(15)(E);
(2) Advise theDepartment of Health and Human Services and the Division regarding activitiesauthorized to be carried out under Title I of the Rehabilitation Act of 1973,Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq., as amended and assist inthe preparation of applications, the State Plan, amendments to the plans,reports, needs assessments, and evaluations required by Title I of theRehabilitation Act of 1973;
(3) To the extentfeasible, conduct a review and analysis of the effectiveness of, and consumersatisfaction with:
a. Vocationalrehabilitation functions and services provided by the Department of Health andHuman Services and other State agencies and public and private entitiesresponsible for providing vocational rehabilitation services to individualswith disabilities under the Rehabilitation Act of 1973, Pub. L. No. 93‑112,87 Stat. 355, 29 U.S.C. § 701, et seq.; and
b. Repealed by SessionLaws 1999‑161, s. 2, effective June 8, 1999.
c. Employment outcomesachieved by eligible individuals receiving services under Title I of theRehabilitation Act of 1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq.,as amended, including the availability of health and other employment benefitsin connection with those employment outcomes;
(4) Prepare and submitan annual report to the Governor and the Commissioner of the RehabilitationServices Administration of the U.S. Department of Education on the status ofvocational rehabilitation programs operated within the State and make thereport available to the public;
(5) Coordinateactivities with the activities of other councils within the State, includingthe Division's Statewide Independent Living Council established under section705 of the Rehabilitation Act of 1973, 29 U.S.C. § 742, the advisory panelestablished under section 612(a)(21) of the Individuals with DisabilitiesEducation Act, 20 U.S.C. § 1413(a)(12), the State Development DisabilitiesCouncil described in section 124 of the Developmental Disabilities Assistanceand Bill of Rights Act, 42 U.S.C. § 6024, the State Mental Health PlanningCouncil established under section 1914(a) of the Public Health Service Act, 42U.S.C. § 300x‑4(e), and the Commission on Workforce Preparedness;
(6) Provide forcoordination and the establishment of working relationships between theDepartment and the Statewide Independent Living Council and centers forindependent living within the State; and
(7) Perform such otherfunctions, consistent with the purpose of Title I of the Rehabilitation Act of1973, Pub. L. No. 93‑112, 29 U.S.C. § 720, et seq., as amended, as theCouncil determines to be appropriate, that are comparable to other functionsperformed by the Council.
(d4) Resources.
(1) The Division shallsupply all necessary clerical and staff support to the Council pursuant to G.S.143B‑14(a) and (d). The Council shall prepare, in conjunction with theDivision, a plan for the provision of such resources as may be necessary andsufficient to carry out the functions of the Council under this Part. Theresource plan shall, to the maximum extent possible, rely on the use of resourcesin existence during the period of implementation of the plan.
(2) To the extent thatthere is a disagreement between the Council and the Division in regard to theresources necessary to carry out the functions of the Council as set forth inthis Part, the disagreement shall be resolved by the Governor.
(3) While assisting theCouncil in carrying out its duties, staff and other personnel shall not beassigned duties by the Division or any other agency of the State that wouldcreate a conflict of interest.
(d5) Member Conflict ofInterest. No member of the Council shall cast a vote on any matter that wouldprovide direct financial benefit to the member or otherwise give the appearanceof a conflict of interest under State law.
(e) Council members shallbe reimbursed for expenses incurred in the performance of their duties inaccordance with G.S. 138‑5. In addition, Council members may bereimbursed for personal assistance services that are necessary for members toattend Council meetings and perform Council duties. These expenses shall notexceed whichever is lower, the actual cost of the services or the Medicaid rateper day for personal assistance services, in addition to subsistence and travelexpenses at the State rate for the attendant.
(f) Repealed bySession Laws 1993, c. 248, s. 1. (1991 (Reg. Sess., 1992), c. 900, s. 150; 1993, c.248, s. 1; 1997‑443, s. 11A.118(a); 1997‑509, s. 1; 1999‑161,s. 2; 2009‑570, s. 8(e).)
