PRINTER'S NO. 1797
No. 1479 Session of 2005
INTRODUCED BY PISTELLA, COSTA, DeWEESE, BAKER, BELARDI, BUXTON,
CALTAGIRONE, CAPPELLI, CURRY, DALEY, DeLUCA, FABRIZIO, GEIST,
GERGELY, GOOD, GOODMAN, HARHAI, HUTCHINSON, JAMES, KOTIK,
MANDERINO, MARKOSEK, O'NEILL, PALLONE, PHILLIPS, RAMALEY,
READSHAW, REICHLEY, SANTONI, SATHER, SHANER, SURRA, THOMAS,
TIGUE, WHEATLEY, WOJNAROSKI, YOUNGBLOOD, YUDICHAK, SOLOBAY,
FREEMAN, J. EVANS AND MAHER, MAY 2, 2005
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MAY 2, 2005
AN ACT
1 Relating to the delivery of services and programs to persons
2 with disabilities; conferring powers and duties on the Office
3 of the Governor; and creating the Office for People with
4 Disabilities and providing for its powers, duties and
5 funding.
6 TABLE OF CONTENTS
7 Chapter 1. Preliminary Provisions
8 Section 101. Short title.
9 Section 102. Legislative policy and declaration.
10 Section 103. Definitions.
11 Chapter 3. Office for People with Disabilities
12 Section 301. Creation of office.
13 Section 302. Powers and duties of office.
14 Section 303. Powers and duties of council.
15 Chapter 5. Miscellaneous Provisions
16 Section 501. Funding.
17 Section 502. Effective date.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 CHAPTER 1
4 PRELIMINARY PROVISIONS
5 Section 101. Short title.
6 This act shall be known and may be cited as the Office for
7 People with Disabilities Act.
8 Section 102. Legislative policy and declaration.
9 The General Assembly finds and declares as follows:
10 (1) Adults and children with disabilities and their
11 families and guardians should have access to the full range
12 of services and programs, including equal access to all
13 services and programs provided for persons without
14 disabilities, as well as individualized and specialized
15 services that meet the unique needs of persons with
16 disabilities regardless of age, gender, race or ethnic
17 origin.
18 (2) Adults and children with disabilities and their
19 families and guardians have traditionally been underserved.
20 They have often been denied access to individualized and
21 specialized services available to the community at large and
22 have been denied services necessary to their health, well-
23 being, independence and advancement.
24 (3) Persons who could live and work in the community
25 live in institutions at State expense due to inadequate
26 funding for community support services. The result is a loss
27 both to these individuals and to this Commonwealth as a
28 whole.
29 (4) Adults and children with disabilities and their
30 families and guardians should have the opportunity to choose
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1 and direct the services and programs provided to them, and
2 the community of persons with disabilities should direct the
3 development and operation of the delivery system.
4 (5) Increased availability of community support services
5 and programs will enable adults and children with
6 disabilities to be more independent and productive, to remain
7 in their homes and communities and to more fully exercise
8 their rights and responsibilities as citizens.
9 (6) Services and programs provided by the Commonwealth
10 to adults and children with disabilities and their families
11 and guardians should be provided in a manner that promotes
12 independent living, enables people to obtain and maintain
13 employment and supports people in their homes and
14 communities.
15 (7) A State-level office is needed to advise and assist
16 the Office of the Governor and the General Assembly in
17 developing policies addressing the concerns of adults and
18 children with disabilities and their families and guardians.
19 (8) Access to the office will enable adults and children
20 with disabilities and their families and guardians to have
21 their concerns and issues addressed.
22 Section 103. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Consumer control." The right of a person with a disability
27 or an individual acting on behalf of a person with a disability
28 to maintain power and authority over decisions affecting the
29 provision of services and programs and community activities.
30 "Council." The Statewide Independent Living Council
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1 established under the Rehabilitation Act of 1973 (Public Law 93-
2 112, 29 U.S.C. § 701 et seq.).
3 "Disability services." Services and programs provided to
4 adults or children with disabilities or their families or
5 guardians to enhance the ability of adults or children with
6 disabilities to live or work independently and to pursue their
7 rights and responsibilities as citizens.
8 "Functional limitations." Those which affect one or more of
9 the following activities of daily living:
10 (1) Mobility.
11 (2) Communication.
12 (3) Self-care.
13 (4) Economic self-sufficiency.
14 (5) Recreation.
15 (6) Independent living.
16 (7) Learning.
17 (8) Self-direction.
18 "Long-term." Likely to be of lifelong or extended duration.
19 "Office." The Office for People with Disabilities created in
20 section 301.
21 "Person with a disability." A child or adult who has a
22 severe chronic condition resulting in substantial functional
23 limitation which is attributable to psychological, cognitive,
24 developmental, physical or sensory impairment or a combination
25 of psychological, cognitive, developmental, physical or sensory
26 impairment and is likely to continue indefinitely.
27 CHAPTER 3
28 OFFICE FOR PEOPLE WITH DISABILITIES
29 Section 301. Creation of office.
30 The Office for People with Disabilities is hereby created
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1 within the Office of the Governor. The office shall be
2 administered by the Office of the Governor.
3 Section 302. Powers and duties of office.
4 The office shall have the power and its duty shall be to:
5 (1) Assure that all citizens of this Commonwealth who
6 have disabilities and their families and guardians have
7 access to adequate and coordinated quality services and
8 programs.
9 (2) Establish interagency agreements and working
10 relationships with other governmental bodies and public and
11 private agencies to:
12 (i) Assure access to the full range of available
13 services and programs for adults and children with
14 disabilities and their families and guardians.
15 (ii) Advocate for consumer control.
16 (iii) Coordinate the delivery of nonduplicative
17 disability services and programs to adults and children
18 with disabilities and their families and guardians.
19 (3) Work with the council in the development of a three-
20 year plan to maximize the use of available funding and to
21 develop needed services and programs.
22 (4) Identify gaps in disability services and programs
23 and funding shortages in collaboration with the council and
24 report this information annually to the Governor and to the
25 General Assembly.
26 (5) Act as a system advocate to expand the availability
27 of disability services and programs and access to generic
28 services and programs.
29 (6) Assure the planning for Statewide improvements in
30 services and programs for adults and children with
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1 disabilities and their families and guardians.
2 (7) Assure the development of necessary requirements and
3 regulations in collaboration with the council.
4 (8) Collect data and conduct research relative to its
5 powers and duties.
6 (9) Provide information and refer adults and children
7 with disabilities and their families and guardians to
8 appropriate agencies or other organizations.
9 (10) Coordinate disability policy and serve as liaison
10 between the Office of the Governor and the General Assembly.
11 (11) Identify common concerns of Pennsylvania disability
12 communities and begin to build cohesion among disability
13 groups through education.
14 (12) Advise and inform the Office of the Governor on
15 issues and concerns regarding adults and children with
16 disabilities and their families and guardians.
17 (13) Provide the disability community more direct access
18 to the Office of the Governor.
19 (14) Educate adults and children with disabilities and
20 their families and guardians about their rights under the
21 American with Disabilities Act of 1990 (Public Law 101-336,
22 104 Stat. 327), the Rehabilitation Act of 1973 (Public Law
23 93-112, 29 U.S.C. § 701 et seq.), the act of October 27, 1955
24 (P.L.744, No.222), known as the Pennsylvania Human Relations
25 Act, the Individuals with Disabilities Education Act (Public
26 Law 91-230, 20 U.S.C. § 1400 et seq.) and other applicable
27 law.
28 (15) Assist public agencies and officials with issues
29 related to adults and children with disabilities and their
30 families and guardians.
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1 (16) Review the issues and concerns that are related to
2 the disability community and identify gaps in services and
3 programs.
4 (17) Hire staff possessing the qualifications needed to
5 deal with issues that arise between people with disabilities
6 and governmental agencies.
7 (18) Conduct studies, analyze and gather information,
8 develop model policies and procedures and present
9 information, approaches, strategies, findings, conclusions
10 and recommendations to policymakers to ensure equal
11 opportunity for adults and children with disabilities and
12 their families and guardians as necessary.
13 (19) Assure outreach by all levels of government to
14 populations that are underserved, including minority groups
15 and urban and rural populations.
16 (20) Assure ways to expand and improve the services and
17 programs that adults and children with disabilities and their
18 families and guardians may require.
19 Section 303. Powers and duties of council.
20 (a) Enumeration.--The council shall have the power and duty
21 to:
22 (1) Advise the office in the development of its plans,
23 policies and regulations.
24 (2) Jointly develop and submit, in conjunction with the
25 office, the three-year plan required by this act.
26 (3) Meet at least quarterly, as required by the act of
27 December 12, 1994 (P.L.1023, No.139), known as the
28 Independent Living Services Act and Title VII of the
29 Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. §
30 701 et seq.).
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1 (b) Expenses of members.--The members shall receive no
2 payment for their services. Members who are not employees of
3 State government shall be reimbursed for expenses incurred in
4 the course of their official duties and in accordance with
5 applicable law.
6 CHAPTER 5
7 MISCELLANEOUS PROVISIONS
8 Section 501. Funding.
9 The Office of the Governor shall use Federal funds where
10 possible for the administration of the Office for People with
11 Disabilities and shall expend Federal funds, on appropriation by
12 the General Assembly, prior to expending any State
13 appropriations for the same or similar purpose. The Office of
14 the Governor shall utilize any available private funds to carry
15 out the provisions of this act.
16 Section 502. Effective date.
17 This act shall take effect in 60 days.
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