PRIOR PRINTER'S NO. 1797 PRINTER'S NO. 4367
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, MAHER, CASORIO, LEACH, BLACKWELL, JOSEPHS,
FRANKEL, GRUCELA, CRUZ, WALKO, McGEEHAN, GINGRICH, BEBKO-
JONES AND GERBER, MAY 2, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 26, 2006
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
1 Section 501. Funding.
2 Section 502. Effective date.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 CHAPTER 1
6 PRELIMINARY PROVISIONS
7 Section 101. Short title.
8 This act shall be known and may be cited as the Office for
9 People with Disabilities Act.
10 Section 102. Legislative policy and declaration.
11 The General Assembly finds and declares as follows:
12 (1) Adults and children with disabilities and their
13 families and guardians should have access to the full range
14 of services and programs, including equal access to all
15 services and programs provided for persons without
16 disabilities, as well as individualized and specialized
17 services that meet the unique needs of persons with
18 disabilities regardless of age, gender, race or ethnic
19 origin.
20 (2) Adults and children with disabilities and their
21 families and guardians have traditionally been underserved.
22 They have often been denied access to individualized and
23 specialized services available to the community at large and
24 have been denied services necessary to their health, well-
25 being, independence and advancement.
26 (3) Persons who could live and work in the community
27 live in institutions at State expense due to inadequate
28 funding for community support services. The result is a loss
29 both to these individuals and to this Commonwealth as a
30 whole.
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1 (4) Adults and children with disabilities and their
2 families and guardians should have the opportunity to choose
3 and direct the services and programs provided to them, and
4 the community of persons with disabilities should direct the
5 development and operation of the delivery system.
6 (5) Increased availability of community support services
7 and programs will enable adults and children with
8 disabilities to be more independent and productive, to remain
9 in their homes and communities and to more fully exercise
10 their rights and responsibilities as citizens.
11 (6) Services and programs provided by the Commonwealth
12 to adults and children with disabilities and their families
13 and guardians should be provided in a manner that promotes
14 independent living, enables people to obtain and maintain
15 employment and supports people in their homes and
16 communities.
17 (7) A State-level office is needed to advise and assist
18 the Office of the Governor and the General Assembly in
19 developing policies addressing the concerns of adults and
20 children with disabilities and their families and guardians.
21 (8) Access to the office will enable adults and children
22 with disabilities and their families and guardians to have
23 their concerns and issues addressed.
24 Section 103. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Consumer control." The right of a person with a disability <--
29 or an individual acting on behalf of a person with a disability
30 to maintain power and authority over decisions affecting the
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1 provision of services and programs and community activities.
2 "Council." The Statewide Independent Living Council
3 established under the Rehabilitation Act of 1973 (Public Law 93-
4 112, 29 U.S.C. § 701 et seq.).
5 "Disability services." Services and programs provided to
6 adults or children PERSONS with disabilities or their families <--
7 or guardians to enhance the ability of adults or children with
8 disabilities to live or work independently and to pursue their
9 rights and responsibilities as citizens.
10 "Functional limitations." Those which affect one or more of
11 the following activities of daily living:
12 (1) Mobility.
13 (2) Communication.
14 (3) Self-care.
15 (4) Economic self-sufficiency.
16 (5) Recreation.
17 (6) Independent living.
18 (7) Learning.
19 (8) Self-direction.
20 "Long-term." Likely to be of lifelong or extended duration. <--
21 "Office." The Office for People with Disabilities created in
22 section 301.
23 "Person with a disability." A child or adult who has a
24 severe chronic condition resulting in substantial functional
25 limitation which is attributable to psychological, cognitive,
26 developmental, physical or sensory impairment or a combination
27 of psychological, cognitive, developmental, physical or sensory
28 impairment and is likely to continue indefinitely.
29 CHAPTER 3
30 OFFICE FOR PEOPLE WITH DISABILITIES
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1 Section 301. Creation of office.
2 The Office for People with Disabilities is hereby created
3 within the Office of the Governor. The office shall be
4 administered by the Office of the Governor.
5 Section 302. Powers and duties of office.
6 The office shall have the power and its duty shall be to:
7 (1) Assure that all citizens of this Commonwealth who
8 have disabilities and their families and guardians have
9 access to adequate and coordinated quality services and
10 programs.
11 (2) Establish interagency agreements and working <--
12 relationships with other governmental bodies and public and
13 private agencies to:
14 (i) Assure access to the full range of available
15 services and programs for adults and children with
16 disabilities and their families and guardians.
17 (ii) Advocate for consumer control.
18 (iii) Coordinate the delivery of nonduplicative
19 disability services and programs to adults and children
20 with disabilities and their families and guardians.
21 (3) Work with the council in the development of a three-
22 year plan to maximize the use of available funding and to
23 develop needed services and programs.
24 (4) (2) Identify gaps in disability services and <--
25 programs and funding shortages in collaboration with the <--
26 council and report this information annually to the Governor
27 and to the General Assembly.
28 (5) (3) Act as a system advocate to expand the <--
29 availability of disability services and programs and access
30 to generic services and programs.
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1 (6) (4) Assure the planning for Statewide improvements <--
2 in services and programs for adults and children with
3 disabilities and their families and guardians.
4 (7) (5) Assure the development of necessary requirements <--
5 and regulations in collaboration with the council. <--
6 (8) (6) Collect data and conduct research relative to <--
7 its powers and duties.
8 (9) Provide information and refer adults and children <--
9 with disabilities and their families and guardians to
10 appropriate agencies or other organizations.
11 (10) (7) Coordinate disability policy and serve as
12 liaison between the Office of the Governor and the General
13 Assembly.
14 (11) (8) Identify common concerns of Pennsylvania <--
15 disability communities and begin to build cohesion among
16 disability groups through education.
17 (12) (9) Advise and inform the Office of the Governor on <--
18 issues and concerns regarding adults and children with
19 disabilities and their families and guardians.
20 (13) Provide the disability community more direct access <--
21 to the Office of the Governor.
22 (14) Educate adults and children with disabilities and
23 their families and guardians about their rights under the
24 American with Disabilities Act of 1990 (Public Law 101-336,
25 104 Stat. 327), the Rehabilitation Act of 1973 (Public Law
26 93-112, 29 U.S.C. § 701 et seq.), the act of October 27, 1955
27 (P.L.744, No.222), known as the Pennsylvania Human Relations
28 Act, the Individuals with Disabilities Education Act (Public
29 Law 91-230, 20 U.S.C. § 1400 et seq.) and other applicable
30 law.
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1 (15) Assist public agencies and officials with issues
2 related to adults and children with disabilities and their
3 families and guardians.
4 (16) Review the issues and concerns that are related to
5 the disability community and identify gaps in services and
6 programs.
7 (17) Hire staff possessing the qualifications needed to
8 deal with issues that arise between people with disabilities
9 and governmental agencies.
10 (18) (10) Conduct studies, analyze and gather
11 information, develop model policies and procedures and
12 present information, approaches, strategies, findings,
13 conclusions and recommendations to policymakers to ensure
14 equal opportunity for adults and children with disabilities
15 and their families and guardians as necessary.
16 (19) (11) Assure outreach by all levels of government to <--
17 populations that are underserved, including minority groups
18 and urban and rural populations.
19 (20) (12) Assure ways to expand and improve the services <--
20 and programs that adults and children with disabilities and
21 their families and guardians may require.
22 Section 303. Powers and duties of council. <--
23 (a) Enumeration.--The council shall have the power and duty
24 to:
25 (1) Advise the office in the development of its plans,
26 policies and regulations.
27 (2) Jointly develop and submit, in conjunction with the
28 office, the three-year plan required by this act.
29 (3) Meet at least quarterly, as required by the act of
30 December 12, 1994 (P.L.1023, No.139), known as the
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1 Independent Living Services Act and Title VII of the
2 Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. §
3 701 et seq.).
4 (b) Expenses of members.--The members shall receive no
5 payment for their services. Members who are not employees of
6 State government shall be reimbursed for expenses incurred in
7 the course of their official duties and in accordance with
8 applicable law.
9 CHAPTER 5
10 MISCELLANEOUS PROVISIONS
11 Section 501. Funding.
12 The Office of the Governor shall use Federal funds where
13 possible for the administration of the Office for People with
14 Disabilities and shall expend Federal funds, on appropriation by
15 the General Assembly, prior to expending any State
16 appropriations for the same or similar purpose. The Office of
17 the Governor shall utilize any available private funds to carry
18 out the provisions of this act.
19 Section 502. Effective date.
20 This act shall take effect in 60 days.
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