State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-179

§ 143B‑179. Council on Developmental Disabilities – members; selection; quorum;compensation.

(a)        The Council on Developmental Disabilities of the Departmentof Health and Human Services shall consist of 32 members appointed by theGovernor. The composition of the Council shall be as follows:

(1)        Eleven members from the General Assembly and Stategovernment agencies as follows: One person who is a member of the Senate, oneperson who is a member of the House of Representatives, one representative ofthe Department of Public Instruction, one representative of the Department ofCorrection, and seven representatives of the Department of Health and HumanServices to include the Secretary or his designee.

(2)        Sixteen members designated as consumers of service for thedevelopmentally disabled. A consumer of services for the developmentallydisabled is a person who (i) has a developmental disability or is the parent orguardian of such a person, or (ii) is an immediate relative or guardian of aperson with mentally impairing developmental disability, and (iii) is not anemployee of a State agency that receives funds or provides services under theprovisions of Part B, Title 1, P.L. 98‑527, as amended, the DevelopmentalDisabilities Act of 1984, is not a managing employee (as defined in Section1126(b) of the Social Security Act) of any other entity that receives funds orprovides services under such Part, and is not a person with an ownership orcontrol interest (within the meaning of Section 1124(a)(3) of the SocialSecurity Act) with respect to such an entity. Of these 16 members, at least onethird shall be persons with developmental disabilities and at least another onethird shall be the immediate relatives or guardians of persons with mentallyimpairing developmental disabilities, of whom at least one shall be animmediate relative or guardian of an institutionalized developmentally disabledperson.

(3)        Five members at large as follows: One representative of theuniversity affiliated facility, one representative of the State protection andadvocacy system, one representative of a local agency, one representative of anongovernmental agency or nonprofit group concerned with services to personswith developmental disabilities, and one representative from the public atlarge.

The appointments of all members, with the exception of those from theGeneral Assembly and State agencies shall be for terms of four years and untiltheir successors are appointed and qualify. Any appointment to fill a vacancyon the Council created by the resignation, dismissal, death, or disability of amember shall be for the balance of the unexpired term.

The Governor shall make appropriate provisions for the rotation ofmembership on the Council.

(b)        The Governor shall have the power to remove any member ofthe Council from office in accordance with the provisions of G.S. 143B‑16.

The Governor shall designate one member of the Council to serve aschairman at his pleasure.

Members of the Council shall receive per diem and necessary travel andsubsistence expenses in accordance with the provisions of G.S. 138‑5.

A majority of the Council shall constitute a quorum for the transactionof business.

All clerical and other services required by the council shall besupplied by the Secretary of Health and Human Services. (1973, c. 476, s. 169; c. 1117; 1977, c. 881, s. 3;1979, c. 752, s. 2; 1987, c. 780; 1997‑443, s. 11A.118(a); 1997‑456,s. 27.)