PRINTER'S NO. 4139
No. 2690 Session of 2008
INTRODUCED BY MAHER AND DeWEESE, JULY 2, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 2, 2008
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 Advisory Committee for People with
5 Disabilities; and providing for its powers, duties and
6 funding.
7 TABLE OF CONTENTS
8 Chapter 1. Preliminary Provisions
9 Section 101. Short title.
10 Section 102. Legislative policy and declaration.
11 Section 103. Definitions.
12 Chapter 3. Office for People with Disabilities
13 Section 301. Creation of office.
14 Section 302. Powers and duties of office.
15 Section 303. Power to contract.
16 Chapter 5. Advisory Committee for People with Disabilities
17 Section 501. Creation of committee.
18 Section 502. Membership.
19 Section 503. Powers and duties of committee.
1 Chapter 7. Miscellaneous Provisions
2 Section 701. Funding.
3 Section 702. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 CHAPTER 1
7 PRELIMINARY PROVISIONS
8 Section 101. Short title.
9 This act shall be known and may be cited as the Office for
10 People with Disabilities Act.
11 Section 102. Legislative policy and declaration.
12 The General Assembly finds and declares as follows:
13 (1) Persons with disabilities and their families and
14 guardians should have access to the full range of services
15 and programs, including equal access to all services and
16 programs provided for persons without disabilities, as well
17 as individualized and specialized services that meet the
18 unique needs of persons without discrimination.
19 (2) Persons with disabilities and their families and
20 guardians are often underserved. They have often been denied
21 access to individualized and specialized services available
22 to the community at large and have been denied services
23 necessary to their health, well-being, independence and
24 advancement.
25 (3) Persons with disabilities who could live and work in
26 the community live in institutions at State expense due to
27 inadequate funding for community support services. The result
28 is a loss both to these individuals and to this Commonwealth
29 as a whole.
30 (4) Persons with disabilities and their families and
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1 guardians should have the opportunity to choose and direct
2 the services and programs provided to them, and the community
3 of persons with disabilities should direct the development
4 and operation of the delivery system.
5 (5) Increased availability of community support services
6 and programs will enable persons with disabilities and their
7 families and guardians to be more independent and productive,
8 to remain in their homes and communities and to more fully
9 exercise their rights and responsibilities as citizens.
10 (6) Services and programs provided by the Commonwealth
11 to persons with disabilities and their families and guardians
12 should be provided in a manner that promotes independent
13 living, enables people to obtain and maintain employment and
14 supports people in their homes and communities.
15 (7) A State-level office and advisory committee is
16 needed to advise and assist the Governor and the General
17 Assembly in developing policies addressing the concerns of
18 persons with disabilities and their families and guardians.
19 (8) Access to the office will enable people with
20 disabilities and their families and guardians to have their
21 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 "Advisory committee." The Advisory Committee for people with
27 disabilities created in section 501.
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, programs and community activities.
2 "Disability services." Services and programs provided to
3 persons with disabilities or their families or guardians to
4 enhance ability of adults or children with disabilities to live
5 or work independently and to pursue their rights and
6 responsibilities as citizens.
7 "Functional limitations." Those that affect one or more of
8 the following activities of daily living:
9 (1) Mobility.
10 (2) Communication.
11 (3) Self-care.
12 (4) Work.
13 (5) Recreation.
14 (6) Independent living.
15 (7) Learning.
16 (8) Self-direction.
17 "Long-term." Likely to be of lifelong or extended duration.
18 "Office." The Office for People with Disabilities created in
19 section 301.
20 "Person with a disability." A child or adult who has a
21 severe chronic condition resulting in substantial functional
22 limitation that is attributable to psychological, cognitive,
23 developmental, physical or sensory impairment or a combination
24 of psychological, cognitive, developmental, physical or sensory
25 impairment and is likely to continue indefinitely.
26 CHAPTER 3
27 OFFICE FOR PEOPLE WITH DISABILITIES
28 Section 301. Creation of office.
29 The Office for People with Disabilities is hereby created
30 within the Office of the Governor. The office shall be
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1 administered by the Office of the Governor.
2 Section 302. Powers and duties of office.
3 The office shall have the power and its duty shall be to:
4 (1) Assure that all citizens of this Commonwealth who
5 have disabilities and their families and guardians have
6 access to adequate and coordinated quality services and
7 programs.
8 (2) Establish interagency agreements and working
9 relationships with other governmental bodies and public and
10 private agencies to:
11 (i) Assure access to the full range of available
12 services and programs for persons with disabilities and
13 their families and guardians.
14 (ii) Advocate for consumer control.
15 (iii) Coordinate the delivery of nonduplicative
16 disability services and programs to persons with
17 disabilities and their families and guardians.
18 (3) Work with the council in the development of a three-
19 year plan to maximize the use of available funding and to
20 develop needed services and programs.
21 (4) Identify gaps in disability services and programs
22 and funding shortages in collaboration with the advisory
23 committee and report this information annually to the
24 Governor and to the General Assembly.
25 (5) Act as a system advocate to expand the availability
26 of disability services and programs and access to generic
27 services and programs.
28 (6) Plan for Statewide improvements in services and
29 programs for persons with disabilities and their families and
30 guardians.
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1 (7) Develop, within one year of the effective date of
2 this act, and enforce all program requirements and
3 regulations necessary and appropriate for the proper
4 accomplishment of the duties imposed by this act. Development
5 of program requirements and regulations shall be accomplished
6 in collaboration with the advisory committee.
7 (8) Employ an executive director to carry out the duties
8 of this section and to serve as chairperson of the advisory
9 committee.
10 Section 303. Power to contract.
11 The office may contract with Statewide disability-related
12 organizations to carry out the provisions of this act, provided
13 the contracts place control over contract activities under the
14 direction and control of consumers with disabilities.
15 CHAPTER 5
16 ADVISORY COMMITTEE FOR PEOPLE WITH DISABILITIES
17 Section 501. Creation of committee.
18 The Advisory Committee for People with Disabilities is hereby
19 created within the Office for People with Disabilities and shall
20 serve in an advisory capacity to the office in matters regarding
21 persons with disabilities in this Commonwealth. The committee
22 shall be administered by the Office for People with
23 Disabilities.
24 Section 502. Membership.
25 (a) Public official members.--The committee shall consist of
26 the following members, who shall serve by virtue of their public
27 position:
28 (1) Secretary of Public Welfare.
29 (2) Secretary of Labor and Industry.
30 (3) Secretary of Health.
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1 (4) Secretary of Education.
2 (5) Secretary of Transportation.
3 (6) Secretary of the Budget.
4 (7) Secretary of Aging.
5 (8) Secretary of Policy and Planning.
6 (9) Director of the Governor's Office of Health Care
7 Reform.
8 (10) Chair of Pennsylvania Human Relations Commission.
9 (11) Executive Director of Governor's Office of Housing
10 and Community Revitalization.
11 (12) Executive Director of the Pennsylvania
12 Developmental Disabilities Council.
13 (13) Executive Director of the Office for People with
14 Disabilities.
15 (14) Executive Director of the Governor's Long-Term
16 Care, Intra-Governmental Council.
17 (b) Non-governmental members.--The committee shall consist
18 of non-governmental members to be appointed by the Governor as
19 follows:
20 (1) The Governor shall appoint persons with
21 disabilities, including individuals from existing stakeholder
22 groups, in such number as the Governor deems appropriate.
23 (2) At a minimum, 60% of these members shall be persons
24 with disabilities or family members of persons with
25 disabilities.
26 (3) Committee members shall be selected based upon an
27 evaluation of information received through formal
28 application.
29 (c) Voting.--
30 (1) The members appointed under subsection (a) shall not
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1 hold voting privileges on any matter brought up for
2 consideration by the committee.
3 (2) The members appointed under subsection (b) shall
4 hold voting privileges on all matters brought up for
5 consideration by the committee.
6 (d) Terms.--
7 (1) The terms of the members under subsection (a) shall
8 be concurrent with their holding of public office.
9 (2) Members appointed under subsection (b) shall serve
10 at the pleasure of the Governor as long as they represent the
11 interest of the membership class for which they were
12 appointed and shall serve until their successors are
13 appointed.
14 (e) Executive director.--The Executive Director of the
15 Office for People with Disabilities shall serve as chairperson
16 of the committee.
17 (f) Expenses of members.--Members of the committee shall
18 receive no payment for their services. Members who are not
19 employees of State government shall be reimbursed for expenses
20 incurred in the course of their offical duties and in accordance
21 with the Rehabilitation Act of 1973 (Public Law 93-112, 29
22 U.S.C. § 701 et seq.).
23 Section 503. Powers and duties of committee.
24 (a) Enumeration.--The committee shall have the power and its
25 duties shall be to:
26 (1) Make recommendations to the Governor on policies,
27 procedures, regulations and legislation that aid persons with
28 disabilities in Pennsylvania.
29 (2) Serve as the Governor's liaison to persons with
30 disabilities on policies procedures, regulations and
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1 legislation that affect persons with disabilities in order to
2 ensure that State government is accessible, accountable and
3 responsive to persons with disabilities.
4 (3) Serve as a resource to all departments, commissions
5 and agencies under the Governor's jurisdiction to ensure that
6 these government entities are cognizant of the needs of
7 persons with disabilities and their respective services and
8 programs are accessible to those individuals.
9 (4) Work with the Governor and the agencies under the
10 Governor's jurisdiction to monitor the hiring, retention and
11 promotion practices of the Commonwealth relating to the
12 employment of people with disabilities in order to ensure
13 that there are no discriminatory practices within the
14 Commonwealth.
15 (5) To perform such other duties as the Governor may
16 assign in planning for services and programs for persons with
17 disabilities and their families.
18 (b) Studies and reports.--The committee may conduct studies
19 and issue reports upon request and as it deems necessary on
20 issues affecting persons with disabilities in Pennsylvania.
21 (c) Workgroups.--Nothing in this section shall prevent the
22 committee from establishing ad hoc workgroups or local
23 committees to assist in research and other duties necessary to
24 carry out the mission of the office.
25 CHAPTER 7
26 MISCELLANEOUS PROVISIONS
27 Section 701. Funding.
28 The Office of the Governor shall use Federal funds where
29 possible for the administration of the Office for People with
30 Disabilities and the Advisory Committee for People with
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1 Disabilities and shall expend Federal funds, on appropriation by
2 the General Assembly, prior to expending any State
3 appropriations for the same or similar purpose. The Office of
4 the Governor shall utilize any available private funds to carry
5 out the provisions of this act.
6 Section 702. Effective date.
7 This act shall take effect in 60 days.
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