PRIOR PRINTER'S NO. 4139 PRINTER'S NO. 4393
No. 2690 Session of 2008
INTRODUCED BY MAHER AND DeWEESE, JULY 2, 2008
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 22, 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 CHAPTER 21. MISCELLANEOUS PROVISIONS <--
5 SECTION 2101. FUNDING.
6 SECTION 2102. EFFECTIVE DATE.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 CHAPTER 1
10 PRELIMINARY PROVISIONS
11 Section 101. Short title.
12 This act shall be known and may be cited as the Office for
13 People with Disabilities Act.
14 Section 102. Legislative policy and declaration.
15 The General Assembly finds and declares as follows:
16 (1) Persons with disabilities and their families and
17 guardians should have access to the full range of services
18 and programs, including equal access to all services and
19 programs provided for persons without disabilities, as well
20 as individualized and specialized services that meet the
21 unique needs of persons without discrimination.
22 (2) Persons with disabilities and their families and
23 guardians are often underserved. They have often been denied
24 access to individualized and specialized services available
25 to the community at large and have been denied services
26 necessary to their health, well-being, independence and
27 advancement.
28 (3) Persons with disabilities who could live and work in
29 the community live in institutions at State expense due to
30 inadequate funding for community support services. The result
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1 is a loss both to these individuals and to this Commonwealth
2 as a whole.
3 (4) Persons with disabilities and their families and
4 guardians should have the opportunity to choose and direct
5 the services and programs provided to them, and the community
6 of persons with disabilities should direct the development
7 and operation of the delivery system.
8 (5) Increased availability of community support services
9 and programs will enable persons with disabilities and their
10 families and guardians to be more independent and productive,
11 to remain in their homes and communities and to more fully
12 exercise their rights and responsibilities as citizens.
13 (6) Services and programs provided by the Commonwealth
14 to persons with disabilities and their families and guardians
15 should be provided in a manner that promotes independent
16 living, enables people to obtain and maintain employment and
17 supports people in their homes and communities.
18 (7) A State-level office and advisory committee is
19 needed to advise and assist the Governor and the General
20 Assembly in developing policies addressing the concerns of
21 persons with disabilities and their families and guardians.
22 (8) Access to the office will enable people with
23 disabilities and their families and guardians to have their
24 concerns and issues addressed.
25 Section 103. 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 "Advisory committee." The Advisory Committee for people with <--
30 disabilities PEOPLE WITH DISABILITIES created in section 501. <--
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1 "Consumer control." The right of a person with a disability
2 or an individual acting on behalf of a person with a disability
3 to maintain power and authority over decisions affecting the
4 provision of services, programs and community activities.
5 "Disability services." Services and programs provided to
6 persons with disabilities or their families or guardians to
7 enhance ability of adults or children with disabilities to live
8 or work independently and to pursue their rights and
9 responsibilities as citizens.
10 "Functional limitations." Those that affect one or more of
11 the following activities of daily living:
12 (1) Mobility.
13 (2) Communication.
14 (3) Self-care.
15 (4) Work.
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 that 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 persons with disabilities and
16 their families and guardians.
17 (ii) Advocate for consumer control.
18 (iii) Coordinate the delivery of nonduplicative
19 disability services and programs to persons with
20 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) (3) Identify gaps in disability services and <--
25 programs and funding shortages in collaboration with the
26 advisory committee and report this information annually to
27 the Governor and to the General Assembly.
28 (5) (4) 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) (5) Plan for Statewide improvements in services and <--
2 programs for persons with disabilities and their families and
3 guardians.
4 (7) (6) Develop, within one year of the effective date <--
5 of this act, and enforce all program requirements and
6 regulations necessary and appropriate for the proper
7 accomplishment of the duties imposed by this act. Development
8 of program requirements and regulations shall be accomplished
9 in collaboration with the advisory committee.
10 (8) (7) Employ an executive director to carry out the <--
11 duties of this section and to serve as chairperson of the <--
12 advisory committee.
13 Section 303. Power to contract.
14 The office may contract with Statewide disability-related
15 organizations to carry out the provisions of this act, provided
16 the contracts place control over contract activities under the
17 direction and control of consumers with disabilities.
18 CHAPTER 5
19 ADVISORY COMMITTEE FOR PEOPLE WITH DISABILITIES
20 Section 501. Creation of committee.
21 The Advisory Committee for People with Disabilities is hereby
22 created within the Office for People with Disabilities and shall
23 serve in an advisory capacity to the office in matters regarding
24 persons with disabilities in this Commonwealth. The ADVISORY <--
25 committee shall be administered by the Office for People with
26 Disabilities.
27 Section 502. Membership.
28 (a) Public official members.--The committee shall consist of
29 the following members, who shall serve by virtue of their public
30 position:
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1 (1) Secretary of Public Welfare.
2 (2) Secretary of Labor and Industry.
3 (3) Secretary of Health.
4 (4) Secretary of Education.
5 (5) Secretary of Transportation.
6 (6) Secretary of the Budget.
7 (7) Secretary of Aging.
8 (8) Secretary of Policy and Planning.
9 (9) THE ADJUTANT GENERAL. <--
10 (10) SECRETARY OF STATE.
11 (9) (11) Director of the Governor's Office of Health <--
12 Care Reform.
13 (10) Chair (12) CHAIRPERSON of Pennsylvania Human <--
14 Relations Commission.
15 (11) Executive Director of Governor's Office of Housing <--
16 and Community Revitalization.
17 (13) EXECUTIVE DIRECTOR OF THE PENNSYLVANIA HOUSING <--
18 FINANCE AGENCY.
19 (12) (14) Executive Director of the Pennsylvania <--
20 Developmental Disabilities Council.
21 (13) (15) Executive Director of the Office for People <--
22 with Disabilities.
23 (14) (16) Executive Director of the Governor's Long-Term <--
24 Care, Intra-Governmental Council.
25 (b) Non-governmental members.--The committee shall consist
26 of non-governmental members to be appointed by the Governor as
27 follows:
28 (1) The Governor shall appoint persons with
29 disabilities, including individuals from existing stakeholder
30 groups, in such number as the Governor deems appropriate.
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1 (2) At a minimum, 60% of these members shall be persons
2 with disabilities or family members of persons with
3 disabilities.
4 (3) Committee ADVISORY COMMITTEE members shall be <--
5 selected based upon an evaluation of information received
6 through formal application.
7 (c) Voting.--
8 (1) The members appointed under subsection (a) shall not
9 hold voting privileges on any matter brought up for
10 consideration by the committee.
11 (2) The members appointed under subsection (b) shall
12 hold voting privileges on all matters brought up for
13 consideration by the committee.
14 (d) Terms.--
15 (1) The terms of the members under subsection (a) shall
16 be concurrent with their holding of public office.
17 (2) Members appointed under subsection (b) shall serve
18 at the pleasure of the Governor as long as they represent the
19 interest of the membership class for which they were
20 appointed and shall serve until their successors are
21 appointed.
22 (e) Executive director.--The Executive Director of the <--
23 Office for People with Disabilities shall serve as chairperson
24 of the committee.
25 (E) CHAIRPERSON.--THE GOVERNOR SHALL APPOINT A <--
26 NONGOVERNMENTAL MEMBER OF THE COMMITTEE TO SERVE AS CHAIRPERSON
27 OF THE ADVISORY COMMITTEE.
28 (f) Expenses of members.--Members of the committee shall
29 receive no payment for their services. Members who are not
30 employees of State government shall be reimbursed for expenses
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1 incurred in the course of their official duties and in
2 accordance with the Rehabilitation Act of 1973 (Public Law 93-
3 112, 29 U.S.C. § 701 et seq.).
4 Section 503. Powers and duties of THE ADVISORY committee. <--
5 (a) Enumeration.--The ADVISORY committee shall have the <--
6 power and its duties shall be to:
7 (1) Make recommendations to the Governor on policies,
8 procedures, regulations and legislation that aid persons with
9 disabilities in Pennsylvania.
10 (2) Serve as the Governor's liaison to persons with
11 disabilities on policies procedures, regulations and
12 legislation that affect persons with disabilities in order to
13 ensure that State government is accessible, accountable and
14 responsive to persons with disabilities.
15 (3) Serve as a resource to all departments, commissions
16 and agencies under the Governor's jurisdiction to ensure that
17 these government entities are cognizant of the needs of
18 persons with disabilities and their respective services and
19 programs are accessible to those individuals.
20 (4) Work with the Governor and the agencies under the
21 Governor's jurisdiction to monitor the hiring, retention and
22 promotion practices of the Commonwealth relating to the
23 employment of people with disabilities in order to ensure
24 that there are no discriminatory practices within the
25 Commonwealth.
26 (5) To perform such other duties as the Governor may
27 assign in planning for services and programs for persons with
28 disabilities and their families.
29 (b) Studies and reports.--The committee may conduct studies
30 and issue reports upon request and as it deems necessary on
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1 issues affecting persons with disabilities in Pennsylvania.
2 (c) Workgroups.--Nothing in this section shall prevent the
3 committee from establishing ad hoc workgroups or local
4 committees to assist in research and other duties necessary to
5 carry out the mission of the office.
6 CHAPTER 7
7 MISCELLANEOUS PROVISIONS
8 Section 701. 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 the Advisory Committee for People with
12 Disabilities and shall expend Federal funds, on appropriation by
13 the General Assembly, prior to expending any State
14 appropriations for the same or similar purpose. The Office of
15 the Governor shall utilize any available private funds to carry
16 out the provisions of this act.
17 Section 702. Effective date.
18 This act shall take effect in 60 days.
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