PRINTER'S NO. 20
No. 20 Session of 1989
INTRODUCED BY AFFLERBACH, JONES, SCANLON, REIBMAN, LINCOLN,
REGOLI, STAPLETON, STOUT AND SHUMAKER, JANUARY 20, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 20, 1989
AN ACT
1 Establishing the Commission for the Developmentally Challenged
2 in the Office of the Governor and providing for its powers
3 and duties; and making an appropriation.
4 TABLE OF CONTENTS
5 Section 1. Short title.
6 Section 2. Legislative findings.
7 Section 3. Definitions.
8 Section 4. Organization of commission.
9 Section 5. Terms of members of commission.
10 Section 6. Powers and duties of commission.
11 Section 7. Duties of executive director.
12 Section 8. Establishment of local ombudsmen.
13 Section 9. Duties of other agencies.
14 Section 10. Construction of act.
15 Section 11. Appropriation.
16 Section 12. Repeals.
17 Section 13. Sunset.
18 Section 14. Effective date.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Short title.
4 This act shall be known and may be cited as the Commission
5 for the Developmentally Challenged Act.
6 Section 2. Legislative findings.
7 (a) Acknowledgment.--The General Assembly acknowledges that
8 there are over 632,000 disabled or developmentally challenged
9 individuals in this Commonwealth and that the number of such
10 persons is expected to increase in coming years. While separate
11 State agencies have been created to assist individuals with
12 specific physical or mental problems, no central agency exists
13 to coordinate programs and enhance delivery of services for
14 these individuals.
15 (b) Objectives.--The objectives of this act are:
16 (1) To establish a commission within the Office of the
17 Governor which shall direct its powers and duties to
18 advancing the well-being of developmentally challenged
19 individuals.
20 (2) To achieve efficient coordination of the
21 Commonwealth's administration of certain Federal and State
22 programs for developmentally challenged individuals.
23 (3) To promote delivery of a variety of services for
24 Pennsylvania's developmentally challenged individuals.
25 Section 3. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Commission." The Commission for the Developmentally
30 Challenged created by this act.
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1 "Developmentally challenged individual." A person between 18
2 and 64 years of age who has a physical, mental or other type of
3 health condition, or a combination of physical, mental or other
4 type of health conditions, which has lasted for six months or
5 longer, which is likely to continue indefinitely and which
6 results in substantial functional limitations in one or more of
7 the following areas:
8 (1) Self-care.
9 (2) Receptive and expressive language.
10 (3) Learning.
11 (4) Mobility.
12 (5) Capacity for independent living.
13 (6) Capacity for economic self-sufficiency.
14 "Executive director." The executive director of the
15 commission.
16 "Individual program plan." A written statement which
17 assesses a developmentally challenged individual's service and
18 benefit needs and assists the individual in applying to
19 alternative vocational and support programs which will encourage
20 continued training, employment and independent living in the
21 community.
22 "Individual transition plan." A written statement, prepared
23 in accordance with law and with regulations adopted by the State
24 Board of Education, which includes an assessment of a
25 developmentally challenged student's future needs upon
26 graduating from or leaving school and assists the student in
27 applying to alternative vocational and support programs which
28 will encourage continued training, employment and independent
29 living in the community.
30 "Local ombudsman." A local office of the commission
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1 designated within each planning and service area to disseminate
2 information, provide technical assistance, promote coordination
3 and suggest services for developmentally challenged individuals.
4 "Planning and service areas." The geographic units within
5 this Commonwealth, as designated by the commission.
6 Section 4. Organization of commission.
7 (a) Membership.--The commission shall be composed of 23
8 members: 12 members of the public; 4 members of the General
9 Assembly; and the Secretary of Aging, the Secretary of
10 Education, the Secretary of Health, the Secretary of Labor and
11 Industry, the Adjutant General, the Secretary of Public Welfare
12 and the Secretary of Transportation, or their designees.
13 (b) Appointment of public members.--The Governor shall
14 appoint the 12 public members by and with the advice and consent
15 of a majority of the members of the Senate. Four public members
16 must be developmentally challenged individuals, four must be
17 parents of developmentally challenged individuals and four must
18 be representatives of organizations which represent or provide
19 services to developmentally challenged individuals.
20 (c) Selection of legislative members.--Two members of the
21 Senate shall be appointed to the commission by the President pro
22 tempore of the Senate, one from the majority party and one from
23 the minority party. Two members of the House of Representatives
24 shall be appointed to the commission by the Speaker of the House
25 of Representatives, one from the majority party and one from the
26 minority party.
27 (d) Chairperson.--The members shall annually elect one of
28 their members as a chairperson and one as a vice-chairperson to
29 serve at the pleasure of the commission.
30 (e) Meetings.--The commission shall meet at least bimonthly
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1 and at such other times as the chairperson shall deem necessary.
2 All meetings of the commission shall be open to the public and
3 the media.
4 (f) Quorum.--Twelve members of the commission shall
5 constitute a quorum for the purpose of conducting the business
6 of the commission. A vote of a majority of a quorum present at
7 each meeting shall be sufficient for all actions of the
8 commission.
9 (g) Compensation.--Members of the commission shall serve
10 without compensation but shall be entitled to receive necessary
11 expenses incurred in the performance of their duties.
12 Section 5. Terms of members of commission.
13 (a) General rule.--Except as provided in subsection (b), the
14 public members of the commission shall serve for five-year
15 terms.
16 (b) Initial appointments.--The initial appointments of the
17 public members of the commission shall be for the following
18 terms:
19 (1) One member shall be appointed for one year.
20 (2) Two members shall be appointed for two years.
21 (3) Three members shall be appointed for three years.
22 (4) Three members shall be appointed for four years.
23 (5) Three members shall be appointed for five years.
24 (c) Legislative appointments.--The members of the General
25 Assembly appointed to the commission shall serve at the pleasure
26 of the appointing power, but not beyond their terms of office in
27 the General Assembly.
28 (d) State officials.--Cabinet members of the commission and
29 council chairpersons designated under this act shall serve
30 during their tenure in office and shall remain on the commission
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1 until a successor is named and qualified.
2 Section 6. Powers and duties of commission.
3 The commission has the following powers and duties:
4 (1) To establish a central office in the city of
5 Harrisburg.
6 (2) To establish local ombudsmen in planning and service
7 areas to be determined by the commission in cooperation with
8 existing administrative agencies which have regional offices
9 that provide services to developmentally challenged
10 individuals.
11 (3) To employ an executive director and such other
12 employees as it may deem necessary and fix their compensation
13 and prescribe their duties.
14 (4) To direct the executive director in the development
15 and implementation of policies and programs.
16 (5) To determine and evaluate the legitimate needs of
17 developmentally challenged individuals in all parts of this
18 Commonwealth.
19 (6) To develop and annually revise a Statewide plan to
20 initiate, revise and coordinate programs and services of
21 administrative agencies to better serve the needs of
22 developmentally challenged individuals.
23 (7) To publish a directory, to be updated as needed, and
24 to maintain a clearinghouse of information regarding the
25 purposes and functions of the commission and other agencies
26 which provide benefits, programs and services to
27 developmentally challenged individuals.
28 (8) To cooperate with agencies at all levels of
29 government in studies and conferences designed to examine the
30 needs of developmentally challenged persons and assist in
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1 preparing programs and developing facilities to meet those
2 needs.
3 (9) To promote, support and participate in programs with
4 agencies at all levels of government to enhance the
5 opportunities of developmentally challenged individuals for
6 the continuation of education and training, possible
7 employment, independent living and access to transportation
8 services.
9 (10) To appoint advisory committees as required and to
10 cooperate with existing or future advisory boards, committees
11 or councils within administrative agencies which represent
12 the interests of developmentally challenged individuals.
13 (11) To develop and conduct research, demonstration
14 programs and training programs to advance the interests of
15 developmentally challenged individuals.
16 (12) To conduct, in cooperation with appropriate State
17 and local public and private agencies, yearly evaluations; to
18 make recommendations regarding the quality of life, health
19 and social needs of developmentally challenged individuals;
20 and to report such findings to the General Assembly in the
21 annual report required under paragraph (16).
22 (13) To hold hearings, make agreements, execute
23 contracts and do any other acts necessary to carry out this
24 act.
25 (14) To request from any administrative agency
26 assistance and data as will enable the commission to carry
27 out the powers and duties imposed on it by this or any other
28 law.
29 (15) To accept gifts, donations or bequests or Federal
30 funds granted by Federal statute or Executive Order for the
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1 purposes of this act.
2 (16) To submit annual reports to the Governor and
3 General Assembly, not later than 20 days following the
4 commencement of each regular session of the General Assembly,
5 concerning activities of the commission and proposed
6 legislation to remedy problems or assist the commission in
7 the implementation of this act.
8 (17) To promulgate regulations for the administration of
9 this act.
10 Section 7. Duties of executive director.
11 The executive director, appointed by the commission under
12 section 6, shall function as the commission's advocate for
13 developmentally challenged individuals. In performance of this
14 function, the executive director has the following powers and
15 duties:
16 (1) To develop and implement, with the approval of the
17 commission, policies and programs to insure that
18 developmentally challenged individuals receive equal
19 treatment in all areas of life and have excess, to the
20 greatest extent possible and in accordance with applicable
21 law, to benefits, programs and services to which they are
22 entitled.
23 (2) To report directly to the commission on matters
24 affecting developmentally challenged individuals.
25 (3) To disseminate information and data concerning
26 developmentally challenged individuals and benefits, programs
27 and services to which they may be entitled.
28 (4) To refer complaints of discrimination against
29 developmentally challenged individuals to appropriate
30 governmental and nongovernmental agencies.
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1 (5) To cooperate with appropriate governmental and
2 nongovernmental agencies to insure that applications of
3 developmentally challenged individuals for benefits, programs
4 and services are processed and resolved in an efficient and
5 expeditious manner.
6 (6) To oversee, coordinate, review and evaluate the
7 operations of local ombudsmen for the developmentally
8 challenged.
9 (7) To issue annual reports as required by this act and
10 to issue special reports to the Governor, General Assembly
11 and citizens of this Commonwealth.
12 (8) To perform other functions imposed by the
13 commission.
14 Section 8. Establishment of local ombudsmen.
15 (a) Plan for local ombudsman.--Within one year of the
16 effective date of this act, the commission shall develop a plan
17 for the establishment of local ombudsmen for the developmentally
18 challenged in each planning and service area of the commission,
19 as designated in accordance with section 6(2).
20 (b) Purpose of local ombudsmen.--The purpose of the local
21 ombudsmen for the developmentally challenged shall be:
22 (1) To serve as advocates for developmentally challenged
23 individuals residing in planning and service areas
24 established by the commission.
25 (2) To inform developmentally challenged individuals and
26 their families of benefits, programs and services offered
27 locally and elsewhere.
28 (3) To prepare individual program plans for
29 developmentally challenged individuals to coordinate their
30 referral to appropriate public or private agencies and
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1 provide assistance to them in applying for available
2 benefits, programs and services.
3 (4) To assist in the development of individual
4 transition plans for developmentally challenged children who
5 are over 13 years of age in order to assess their future
6 needs for vocational and support services and assist them in
7 applying for such services upon their graduating from or
8 leaving school.
9 (5) To promote coordination in the provision of and
10 access to services for developmentally challenged individuals
11 in the planning and service area.
12 (6) To encourage expansion of educational and vocational
13 programs and opportunities for developmentally challenged
14 individuals in the planning and service area.
15 (7) To initiate and encourage regular recreational and
16 social activities for developmentally challenged individuals
17 in the planning and service area.
18 (8) To inform interested staff or local public and
19 private organizations about specific disabilities and the
20 capabilities of developmentally challenged individuals.
21 (c) Allocation of funds to local ombudsmen.--The commission
22 shall allocate operating funds to local ombudsmen according to a
23 formula to be established by regulations of the commission. The
24 formula shall take into consideration the number of
25 developmentally challenged individuals who reside in each
26 planning and service area the availability and accessibility of
27 services for developmentally challenged individuals in each
28 planning and service area and other circumstances as determined
29 by the commission.
30 (d) Reports.--Each local ombudsman shall submit to the
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1 commission an annual report and recommendations concerning its
2 services and the programs and services available to
3 developmentally challenged individuals within the planning and
4 service area at least 90 days prior to submission of the
5 commission's annual report to the Governor and the General
6 Assembly.
7 (e) Review and evaluation.--The executive director shall
8 continually review and evaluate the activities of local
9 ombudsmen and the impact and effectiveness of services provided
10 under this act. In reviewing and evaluating local ombudsmen, the
11 executive director shall obtain the views of program
12 beneficiaries and appropriate public and private agencies
13 concerning the strengths and weaknesses of the program. The
14 executive director shall submit his findings and recommendations
15 concerning each local ombudsman as part of the annual report
16 required under section 6(16).
17 Section 9. Duties of other agencies.
18 Each agency and employee of the Commonwealth under the
19 jurisdiction of the Governor shall cooperate with the
20 commission, its executive director and local ombudsmen and shall
21 supply, on request, information or reports to assist in the
22 implementation of this act.
23 Section 10. Construction of act.
24 This act shall not be construed to limit the powers and
25 duties of any other Commonwealth agency.
26 Section 11. Appropriation.
27 The sum of $2,000,000, or as much thereof as may be
28 necessary, is hereby appropriated to the Office of the Governor
29 for the fiscal year July 1, 1988, to June 30, 1989, to carry out
30 the provisions of this act.
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1 Section 12. Repeals.
2 Sections 2, 3 and 4 of the act of December 16, 1986
3 (P.L.1621, No.184), entitled "An act establishing and imposing
4 powers and duties on the Office for the Deaf and Hearing
5 Impaired in the Department of Labor and Industry; and
6 establishing and providing powers and duties for the Advisory
7 Council for the Deaf and Hearing Impaired in the Department of
8 Labor and Industry," are repealed.
9 Section 13. Sunset.
10 The commission shall continue together with its statutory
11 functions and duties until December 31, 1995, when it shall
12 terminate and go out of existence unless reestablished or
13 continued by the General Assembly. The evaluation, review,
14 termination, reestablishment and continuation of the agency
15 shall be conducted pursuant to the provisions of the act of
16 December 22, 1981 (P.L.508, No.142), known as the Sunset Act.
17 Section 14. Effective date.
18 This act shall take effect in 90 days.
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