SENATE AMENDED
PRIOR PRINTER'S NOS. 1171, 2855 PRINTER'S NO. 3717
No. 1020 Session of 1975
INTRODUCED BY MRS. KELLY, MESSRS. SALVATORE, BARBER, MRS. TOLL,
MESSRS. OLIVER, HILL, M. E. MILLER JR., ROSS, VANN,
GIAMMARCO, JOHNSON, REED, RUGGIERO, MYERS, HAMILTON,
McLANE, WANSACZ, USTYNOSKI, CESSAR, MRS. FAWCETT,
MESSRS. McCLATCHY, TADDONIO, CIMINI, GRIECO, MISCEVICH,
BERLIN, MRS. CRAWFORD, MESSRS. COHEN, WAGNER AND MRKONIC,
APRIL 15, 1975
SENATOR COPPERSMITH, PUBLIC HEALTH AND WELFARE, IN SENATE,
AS AMENDED, SEPTEMBER 21, 1976
AN ACT
1 Providing for sheltered workshops for physically and mentally <--
2 handicapped persons; imposing additional duties on the Bureau
3 of Vocational Rehabilitation in the Department of Labor and
4 Industry and prescribing its powers and duties.
5 PROVIDING SUBSIDIES FOR CERTAIN WORK-RELATED EXPENSES FOR <--
6 HANDICAPPED PERSONS SERVED IN VOCATIONAL HABILITATION AND
7 REHABILITATION FACILITIES; IMPOSING ADDITIONAL DUTIES ON THE
8 DEPARTMENT OF PUBLIC WELFARE AND MAKING AN APPROPRIATION.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short Title.--This act shall be known and may be <--
12 cited as the "Sheltered Employment Act."
13 Section 2. Declaration of Policy.--It is the public policy
14 of the Commonwealth of Pennsylvania to assist and encourage
15 handicapped individuals to attain their maximum usefulness and
16 self-sufficiency, and to make adequate provision for services
17 toward these ends. The Commonwealth believes that sheltered
1 employment for handicapped individuals should at all times
2 provide handicapped individuals with a sense of dignity and
3 self-worth, and to this end it shall be public policy to reduce
4 the work-related expenses of sheltered workshop employees for
5 the purpose of easing their financial burden. This policy should
6 be carried out by a Bureau of Vocational Rehabilitation which
7 shall adopt and enforce workshop standards necessary for the
8 welfare of the handicapped, provide certain work-related
9 services for handicapped individuals employed in sheltered
10 workshops which are approved by the bureau and encourage and aid
11 in the expansion and development of adequate sheltered
12 employment.
13 Section 3. Definitions.--The following words and phrases
14 when used in this act shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 "Bureau." The Bureau of Vocational Rehabilitation in the
17 Department of Labor and Industry.
18 "Certified." Certified by the Wage and Hour Division, United
19 States Department of Labor in accordance with the Federal Fair
20 Labor Standards Act of 1938 (52 Stat. 1068) as amended.
21 "Director." The director of the Bureau of Vocational
22 Rehabilitation.
23 "Handicapped individual." An individual who is physically or
24 mentally handicapped.
25 "Sheltered employment." Employment in a workshop setting for
26 handicapped individuals who are unable due to a physical or
27 mental limitation to engage in work in the competitive labor
28 market or who cannot be readily absorbed by that market.
29 "Sheltered workshop." A rehabilitation facility or that part
30 of a rehabilitation facility engaged in a production or service
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1 operation which is operated for the purpose of providing gainful
2 employment and other professional services for those handicapped
3 individuals who cannot be readily absorbed in the competitive
4 labor market. Wherever sheltered workshop is referred to in this
5 act, it shall include work activities centers.
6 "Sheltered workshop employee." A physically or mentally
7 handicapped individual employed by a sheltered workshop but does
8 not include handicapped individuals employed as facility staff.
9 "Work activities center." A sheltered workshop or a
10 physically separated department of a sheltered workshop planned
11 and designed exclusively to provide therapeutic activities for
12 handicapped workers whose physical or mental impairment is so
13 severe as to make their productive capacity inconsequential.
14 Therapeutic activities include any purposeful activity so long
15 as work or production is not the main purpose.
16 Section 4. Bureau of Vocational Rehabilitation Duties.--The
17 bureau shall perform the following functions:
18 (1) Adopt and enforce standards for sheltered workshops
19 utilized by State agencies to insure that such facilities are
20 organized and administered so as to effectively achieve stated
21 goals and to provide quality services to handicapped persons.
22 (2) Adopt and enforce rules and regulations to carry out the
23 provisions of this act.
24 (3) Exercise supervision over all sheltered workshops to
25 insure that wages paid to handicapped workers in sheltered
26 employment, which are lower than the applicable minimum wage,
27 are commensurate with wages paid non-handicapped workers in the
28 vicinity for essentially the same type, quality, and quantity of
29 work in accordance with requirements established under section
30 14(d) of the Federal Fair Labor Standards Act of 1938 (52 Stat.
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1 1068) and other provisions of Federal law, including amendments
2 and regulations adopted pursuant thereto.
3 (4) In coordination with Federal and other State agencies,
4 insure proper certification of all workshops in accordance with
5 Federal Fair Labor Standards Act, as amended.
6 (5) In compliance with the Rehabilitation Act of 1973
7 (P.L.93-112, 87 Stat. 355) to determine and respond to the need
8 for additional vocational rehabilitation services and facilities
9 in this Commonwealth. The bureau shall submit its findings and
10 recommendations to the General Assembly within 24 months after
11 the effective date of this act. This report shall include
12 information relative to the degree of utilization of facilities,
13 the quality of services being provided, the need for additional
14 services and the means and methods by which vocational
15 rehabilitation services can be expanded.
16 (6) Coordinate activities with Federal and other State
17 agencies involved in sheltered workshop programs.
18 (7) Administer, in coordination with established and
19 properly certified private nonprofit sheltered workshops, a
20 program to provide funds for transportation from a sheltered
21 workshop employee's residence to the place of employment and
22 from the place of employment to sheltered workshop employee's
23 residence. This program shall not apply to State agency-
24 sponsored clients in an Evaluation and/or Training Program nor
25 shall it include persons employed in workshops in State
26 institutions. The bureau shall contract with individual
27 workshops for the furnishing of such transportation, and may,
28 subject to an appropriation, expend for said purpose such sum or
29 sums, not to exceed $275 per year for each handicapped employee
30 of which no more than 10% shall be expended for administrative
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1 expenses incurred by the workshop in providing this service.
2 Methods of expending such funds shall be subject to approval by
3 the bureau.
4 (8) Conduct periodic audits of expenditures of
5 transportation funds by sheltered workshops.
6 Section 5. Repealer.--(a) Section 901 of the act of June 13,
7 1967 (P.L.31, No.21), known as the "Public Welfare Code," is
8 repealed in so far as it is inconsistent with this act.
9 (b) All acts or parts of acts inconsistent with the
10 provisions of this act are repealed to the extent of the
11 inconsistency.
12 Section 6. Effective Date.--This act shall take effect July
13 1, 1976.
14 SECTION 1. SHORT TITLE.--THIS ACT SHALL BE KNOWN AND MAY BE <--
15 CITED AS THE "SHELTERED EMPLOYMENT ACT."
16 SECTION 2. DECLARATION OF POLICY.--IT IS THE PUBLIC POLICY
17 OF THE COMMONWEALTH OF PENNSYLVANIA TO ASSIST AND ENCOURAGE
18 HANDICAPPED PERSONS TO ATTAIN THEIR MAXIMUM USEFULNESS AND SELF
19 SUFFICIENCY, AND TO MAKE ADEQUATE PROVISION FOR SERVICES TOWARD
20 THESE ENDS. THE COMMONWEALTH BELIEVES THAT VOCATIONAL
21 HABILITATION SERVICES FOR HANDICAPPED PERSONS SHOULD AT ALL
22 TIMES PROVIDE HANDICAPPED PERSONS WITH A SENSE OF DIGNITY AND
23 SELF-WORTH. TO THIS END IT SHALL BE PUBLIC POLICY TO PROVIDE
24 SUBSIDIES FOR CERTAIN WORK-RELATED EXPENSES FOR HANDICAPPED
25 PERSONS SERVED IN VOCATIONAL HABILITATION AND REHABILITATION
26 FACILITIES. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS
27 POLICY SHALL BE CARRIED OUT BY THE DEPARTMENT OF PUBLIC WELFARE
28 IN COOPERATION WITH THE BUREAU OF VOCATIONAL REHABILITATION OF
29 THE DEPARTMENT OF LABOR AND INDUSTRY AND OTHER OFFICES AND
30 AGENCIES PROVIDING SIMILAR SERVICES TO HANDICAPPED PERSONS.
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1 SECTION 3. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES
2 WHEN USED IN THIS ACT SHALL HAVE, UNLESS THE CONTEXT CLEARLY
3 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
4 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE.
5 "HANDICAPPED PERSON." A PERSON WHO HAS A PHYSICAL OR MENTAL
6 DISABILITY WHICH CONSTITUTES OR RESULTS IN A SUBSTANTIAL
7 HANDICAP TO EMPLOYMENT. FOR PURPOSES OF THIS ACT THIS TERM DOES
8 NOT APPLY TO HANDICAPPED PERSONS EMPLOYED AS REGULAR STAFF IN A
9 VOCATIONAL REHABILITATION FACILITY.
10 "SECRETARY." THE SECRETARY OF PUBLIC WELFARE.
11 "VOCATIONAL REHABILITATION FACILITY." A NOT-FOR-PROFIT
12 FACILITY, OR A PART OF A NOT-FOR-PROFIT FACILITY, THAT PROVIDES
13 THE FOLLOWING SERVICES IN THE HABILITATION AND REHABILITATION OF
14 HANDICAPPED PERSONS: SHELTERED EMPLOYMENT/WORK ACTIVITY CENTER
15 ALONE OR IN COMBINATION WITH ONE OR MORE OF THE FOLLOWING--
16 EVALUATION, PERSONAL AND WORK ADJUSTMENT TRAINING, OCCUPATIONAL
17 TRAINING AND/OR PLACEMENT SERVICES. WHERE THE TERM IS USED IN
18 THIS ACT IT REFERS TO FACILITIES CERTIFIED BY THE UNITED STATES
19 DEPARTMENT OF LABOR IN THE REGULAR WORK PROGRAM AND/OR WORK
20 ACTIVITY CENTER CATEGORIES.
21 SECTION 4. DEPARTMENT OF PUBLIC WELFARE.--THE DEPARTMENT
22 SHALL PERFORM THE FOLLOWING FUNCTIONS:
23 (A) ESTABLISH A PROGRAM TO UTILIZE FUNDS MADE AVAILABLE FOR
24 TRANSPORTATION UNDER THIS ACT TO TRANSPORT HANDICAPPED PERSONS
25 OF SUCH FACILITIES BETWEEN THEIR PLACES OF RESIDENCE AND THE
26 FACILITIES.
27 (1) THROUGH THE ADMINISTRATIVE MECHANISMS OF THE DEPARTMENT,
28 CONTRACT WITH INDIVIDUAL VOCATIONAL REHABILITATION FACILITIES
29 FOR THE FURNISHING OF SUCH TRANSPORTATION, AND, SUBJECT TO AN
30 APPROPRIATION, EXPEND FOR SAID PURPOSE SUCH SUM OR SUMS, NOT TO
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1 EXCEED $275 PER YEAR FOR EACH HANDICAPPED PERSON, OF WHICH NO
2 MORE THAN 10% SHALL BE EXPENDED FOR ADMINISTRATIVE EXPENSES
3 INCURRED BY THE VOCATIONAL REHABILITATION FACILITY IN PROVIDING
4 THIS SERVICE.
5 (2) IN THE IMPLEMENTATION OF THIS PROGRAM, ENSURE THAT:
6 (I) METHODS OF EXPENDING SUCH FUNDS SHALL BE SUBJECT TO
7 APPROVAL BY THE DEPARTMENT AND IN NO CASE SHALL FUNDS AUTHORIZED
8 UNDER THIS ACT BE USED FOR CAPITAL EXPENDITURES. THE DEPARTMENT
9 AND THE VOCATIONAL REHABILITATION FACILITIES ARE EXPECTED AND
10 ENCOURAGED TO UTILIZED TRANSIT AUTHORITIES, COMMON CARRIERS AND
11 NONPROFIT PUBLIC AND PRIVATE AGENCIES IN THE PROVISION OF THIS
12 SERVICE.
13 (II) THIS SUBSIDY SHALL BE USED ONLY FOR THOSE HANDICAPPED
14 PERSONS NOT RECEIVING AN ALLOWANCE OR SUBSIDY EQUAL TO THEIR
15 ACTUAL TRANSPORTATION EXPENSES; THE SUBSIDY SHALL NOT APPLY TO
16 PERSONS ON PATIENT/RESIDENT STATUS IN VOCATIONAL REHABILITATION
17 FACILITIES IN STATE INSTITUTIONS.
18 (III) VOCATIONAL REHABILITATION FACILITIES CURRENTLY
19 PROVIDING TRANSPORTATION SERVICES SHALL UTILIZE THE SAVINGS THAT
20 THEY WOULD HAVE OTHERWISE BEEN REQUIRED TO EXPEND FOR THE
21 TRANSPORTATION OF HANDICAPPED PERSONS TO INCREASE THE LEVEL OF
22 COMPENSATION PAID TO HANDICAPPED PERSONS.
23 (B) CONDUCT PERIODIC AUDITS OF EXPENDITURES OF
24 TRANSPORTATION FUNDS BY VOCATIONAL REHABILITATION FACILITIES.
25 (C) WORK IN CONSULTATION AND COOPERATION WITH THE BUREAU OF
26 VOCATIONAL REHABILITATION OF THE DEPARTMENT OF LABOR AND
27 INDUSTRY AND OTHER AGENCIES PROVIDING SIMILAR SERVICES TO
28 HANDICAPPED PERSONS, TO INCLUDE THE PREPARATION OF THE REPORT
29 AND RECOMMENDATIONS REQUIRED BY SECTION 4(D).
30 (D) WITHIN 24 MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT
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1 THE DEPARTMENT WILL SUBMIT A REPORT TO THE GENERAL ASSEMBLY
2 WHICH AT A MINIMUM:
3 (1) DESCRIBES THE IMPACT OF THE TRANSPORTATION SUBSIDY
4 PROGRAM ON HANDICAPPED PERSONS AND VOCATIONAL REHABILITATION
5 FACILITIES.
6 (2) DESCRIBES THE ADEQUACY IN TERMS OF QUANTITY AND QUALITY
7 OF PROGRAM SERVICES BEING PROVIDED IN RELATION TO THIS ACT.
8 (3) MAKES RECOMMENDATIONS FOR THE IMPROVEMENT AND EXPANSION
9 OF VOCATIONAL REHABILITATION FACILITY SERVICES TO HANDICAPPED
10 PERSONS.
11 (E) THROUGH THE SECRETARY ADOPT AND ENFORCE RULES AND
12 REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT.
13 SECTION 5. REPEALER.--ALL ACTS OR PARTS OF ACTS INCONSISTENT
14 WITH THE PROVISIONS OF THIS ACT ARE REPEALED TO THE EXTENT OF
15 THE INCONSISTENCIES.
16 SECTION 6. APPROPRIATION.--FOR PURPOSES OF THE
17 TRANSPORTATION SUBSIDY PROGRAM AUTHORIZED UNDER SECTION 4 THE
18 SUM OF $1,000,000 IS APPROPRIATED TO THE DEPARTMENT OF PUBLIC
19 WELFARE TO CARRY OUT THE PROVISIONS OF THIS ACT. SUCH SUMS AS
20 MAY BE NECESSARY TO CONTINUE THE TRANSPORTATION SUBSIDY PROGRAM
21 AND FOR IMPLEMENTATION OF OTHER PROVISIONS OF THIS ACT ARE
22 AUTHORIZED FOR FUTURE YEARS.
23 SECTION 7. EFFECTIVE DATE.--IN ORDER TO ESTABLISH BASELINE
24 DATA REQUIREMENTS TO EVALUATE THE IMPACT OF THE TRANSPORTATION
25 SUBSIDY AUTHORIZED IN THIS ACT, THE EFFECTIVE DATE OF THIS ACT
26 SHALL BE JANUARY 1, 1978.
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