GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-161
The General Assembly of North Carolina enacts:
Section 1. G.S. 143-545.1(b)(2) reads as rewritten:
"(2) The Secretary of the
Department of Health and Human Services shall adopt rules to establish
eligibility for services, the nature and scope of services to be provided,
standards for community rehabilitation programs and qualified personnel to
provide services and conditions, criteria, and procedures under which services
may be provided including financial need for services. Rules governing
financial need for services shall meet the requirements set in federal law and
regulations. The following services shall not be conditioned on
the client's or applicant's ability to pay for the cost of those services:
a. Evaluation
of rehabilitation potential, except for those vocational rehabilitation
services other than of a diagnostic nature that are provided under an extended
evaluation of rehabilitation potential;
b. Counseling,
guidance, and referral services; and
c. Placement."
Section 2. G.S. 143-548 reads as rewritten:
"§
143-548. Vocational Rehabilitation Advisory Council.
(a) There is established
the Vocational Rehabilitation Advisory Council within the Division of
Vocational Rehabilitation Services to be composed of 15 voting members. not
more than 18 appointed members. Appointed members shall be voting members
except where prohibited by federal law or regulations. The Director of the
Division of Vocational Rehabilitation Services and one vocational
rehabilitation counselor who is an employee of the Division shall serve ex
officio as nonvoting members. The President Pro Tempore of the Senate shall
appoint five six members, the Speaker of the House of
Representatives shall appoint five six members, and the Governor
shall appoint five or six members. The appointing authorities shall
appoint members of the Council after soliciting recommendations from
representatives of organizations 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 five six
members appointed by the President Pro Tempore of the Senate shall include
one member recommended by the North Carolina Citizens for Business and
Industry, one other representing providers of community rehabilitation
services, one other who is a vocational rehabilitation counselor, with
knowledge of and experience with vocational rehabilitation programs, who is not
an employee of the Division, one other representing the Commission on
Workforce Preparedness, and two others representing disability advocacy
groups representing a cross-section of individuals with physical, cognitive,
sensory, and mental disabilities. Of the five six members
appointed by the President Pro Tempore of the Senate, three shall be
individuals with disabilities;
(2) The five six
members appointed by the Speaker of the House of Representatives shall
include one member representing the business and industry sector, one other
representing labor, one other representing a parent training and information
center established pursuant to section 631(c) of the Individuals with
Disabilities Education Act, 20 U.S.C. § 1431(c), one other representing the
Department of Public Instruction, and two others representing disability
advocacy groups representing a cross-section of individuals with physical,
cognitive, sensory, and mental disabilities. Of the five six members
appointed by the Speaker of the House of Representatives, three shall be
individuals with disabilities; and
(3) The five or six members
appointed by the Governor shall include one member representing the business
and industry sector, one other representing the regional rehabilitation centers
for the physically disabled, one other representing the Division's Statewide
Independent Living Council, one other representing the Division's State's
Client Assistance Program, one other representing the directors of
projects carried out under section 121 of the Rehabilitation Act of 1973, 29
U.S.C. § 741, as amended, if there are any of these projects in the State, and
one other current or former applicant for or recipient of vocational
rehabilitation services. Three of the members appointed by the Governor
shall be individuals with disabilities. If five members are appointed by
the Governor, three shall be individuals with disabilities. If six
members are appointed by the Governor, four shall be individuals with
disabilities.
(b) Repealed by Session Laws 1993, c. 248, s. 1.
(b1) Additional Qualifications. - In addition to ensuring the qualifications for membership prescribed in subsection (a) of this section, the appointing authorities shall ensure that a majority of Council members are individuals with disabilities and are not employed by the Division of Vocational Rehabilitation Services.
(c) The Council shall elect one of the voting members of the Council as Chair of the Council. The Chair's term shall not exceed a single three-year term.
(d) The Council shall meet at least quarterly and at other times at the call of the Chair. A majority of the voting members of the Council constitutes a quorum.
(d1) Terms of Appointment. -
(1) Length of Term. - Each member of the Council shall serve for a term of not more than three years, except that:
a. 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
that term;
b. The terms
of service of the members initially appointed shall be are as
specified by the appointing authority for such a fewer number of
years as will provide for the expiration of terms on a staggered basis and
shall include the members of the existing Council to the extent possible with
appropriate adjustments to their terms; and
c. The
appointing authority shall have the power to remove any member of the Council
from office in accordance with the provisions of G.S. 143B-16; 143B-16;
and
d. A member may continue to serve until a successor for the position is appointed;
(2) Number of Terms. - No member of the Council other than the representative of the Client Assistance Program and the representative of the directors of projects carried out under section 121 of the Rehabilitation Act of 1973, 29 U.S.C. § 741, as amended, may serve more than two consecutive full terms.
(d2) Vacancies. - Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
(d3) Functions of Council. - The
Council shall: shall, after consulting with the Commission on
Workforce Preparedness:
(1) Review, analyze, and
advise the Division regarding the performance of its responsibilities under
Title I of the Rehabilitation Act of 1973, as amended by the Rehabilitation
Act Amendments of 1992, 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
performed by State agencies that affect or that potentially affect the ability
of individuals with disabilities in achieving rehabilitation goals and
objectives under the Act; employment outcomes under Title I of the
Rehabilitation Act of 1973, Pub. L. No. 93-112, 29 U.S.C. § 720, et seq.;
(1a) In partnership with the 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 the effectiveness of the vocational rehabilitation program and submit reports of progress to the Commissioner of the Rehabilitation Services Administration of the U.S. Department of Education in accordance with section 101(a)(15)(E) of the Rehabilitation Act of 1973, 29 U.S.C. § 721(a)(15)(E);
(2) Advise the Department
of Health and Human Services and the Division, and, at the discretion of the
Department, Division regarding activities authorized 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 in the preparation of applications,
the State Plan, the strategic plan and amendments to the plans, reports,
needs assessments, and evaluations required by Title I of the Rehabilitation
Act of 1973, as amended by the Rehabilitation Act Amendments of 1992; Rehabilitation
Act of 1973;
(3) To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with:
a. The
functions performed by Vocational rehabilitation functions and services
provided by the Department of Health and Human Services and other State
agencies and other public and private entities responsible for performing
functions for providing vocational rehabilitation services to individuals
with disabilities; disabilities under the Rehabilitation Act of 1973,
Pub. L. No. 93-112, 87 Stat. 355, 29 U.S.C. § 701, et seq.; and
b. Vocational
rehabilitation services:
1. Provided,
or paid for from funds made available, under the Rehabilitation Act of 1973, as
amended by the Rehabilitation Act Amendments of 1992, or through other public
or private sources; and
2. Provided
by State agencies and other public and private entities responsible for
providing vocational rehabilitation services to individuals with disabilities;
c. Employment outcomes achieved by eligible individuals receiving services under Title I of the Rehabilitation 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 benefits in connection with those employment outcomes;
(4) Prepare and submit an annual report to the Governor and the Commissioner of the Rehabilitation Services Administration of the U.S. Department of Education on the status of vocational rehabilitation programs operated within the State and make the report available to the public;
(5) Coordinate activities
with the activities of other councils within the State, including
the Division's Statewide Independent Living Council, Council
established under section 705 of the Rehabilitation Act of 1973, 29 U.S.C. §
742, the advisory panel established under section 613(a)(12) 612(a)(21)
of the Individuals with Disabilities Education Act, 20 U.S.C. §
1413(a)(12), the State Planning Development Disabilities Council
described in section 124 of the Developmental Disabilities Assistance and Bill
of Rights Act, 42 U.S.C. § 6024, and the State Mental Health Planning
Council established under section 1916(e) 1914(a) of the Public
Health Service Act, 42 U.S.C. § 300x-4(e); 300x-4(e), and the
Commission on Workforce Preparedness;
(6) Advise the
Department and provide Provide for coordination and the
establishment of working relationships between the Department and the Statewide
Independent Living Council and centers for independent living within the State;
and
(7) Perform such other
functions, consistent with the purpose of Title I of the Rehabilitation Act of
1973, as amended by the Rehabilitation Act Amendments of 1992, Pub.
L. No. 93-112, 29 U.S.C. § 720, et seq., as amended, as the Governor and
the Secretary may refer to it from time to time. Council determines to
be appropriate, that are comparable to other functions performed by the
Council.
(d4) Resources. -
(1) The Division shall
supply all necessary clerical and staff support to the Council pursuant to G.S.
143B-14(a) and (d), and (d). The Council shall prepare, in
conjunction with the Council, Division, a plan for the provision
of such resources as may be necessary and sufficient to carry out the
functions of the Council under this Part. The resource plan shall, to the
maximum extent possible, rely on the use of resources in existence during the
period of implementation of the plan.
(2) To the extent that there is a disagreement between the Council and the Division in regard to the resources necessary to carry out the functions of the Council as set forth in this Part, the disagreement shall be resolved by the Governor.
(3) While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the Division or any other agency of the State that would create a conflict of interest.
(d5) Member Conflict of Interest. - No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.
(e) Council members shall be reimbursed for expenses incurred in the performance of their duties in accordance with G.S. 138-5. In addition, Council members may be reimbursed for personal assistance services that are necessary for members to attend Council meetings and perform Council duties. These expenses shall not exceed whichever is lower, the actual cost of the services or the Medicaid rate per day for personal assistance services, in addition to subsistence and travel expenses at the State rate for the attendant."
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 31st day of May, 1999.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 5:26 p.m. this 8th day of June, 1999