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. 19890S0020B0020 - 2 -
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 19890S0020B0020 - 3 -
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 19890S0020B0020 - 4 -
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 19890S0020B0020 - 5 -
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 19890S0020B0020 - 6 -
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 19890S0020B0020 - 7 -
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. 19890S0020B0020 - 8 -
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 19890S0020B0020 - 9 -
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 19890S0020B0020 - 10 -
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. 19890S0020B0020 - 11 -
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. L12L71VDL/19890S0020B0020 - 12 -