PRINTER'S NO. 2703
No. 2058 Session of 1989
INTRODUCED BY ITKIN, BUNT, FREEMAN, ROBINSON, LINTON, BISHOP,
McHALE, GIGLIOTTI, BATTISTO, HUGHES, RAYMOND, KUKOVICH,
CESSAR, YANDRISEVITS, FLICK, KOSINSKI, PHILLIPS, EVANS, BUSH,
COLAFELLA, WASS, PETRONE, VROON, TELEK, VEON, J. TAYLOR,
BELARDI, ANGSTADT, HARPER, SEMMEL, GRUPPO, COLE, OLASZ,
D. W. SNYDER, MAIALE, McVERRY, SERAFINI, CAPPABIANCA,
MRKONIC, FOX, DeLUCA, JOHNSON, BOYES, PISTELLA, TIGUE,
SCHULER, GAMBLE, HOWLETT, TRELLO, LASHINGER, PESCI, O'BRIEN,
RITTER, PRESTON, RYBAK, NAHILL, TANGRETTI, E. Z. TAYLOR,
SCRIMENTI, MELIO, BILLOW AND JOSEPHS, OCTOBER 24, 1989
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 24, 1989
AN ACT
1 Establishing the Pennsylvania Commission of the Blind and
2 providing for its powers and duties; transferring certain
3 functions; and making repeals.
4 TABLE OF CONTENTS
5 Section 1. Definitions.
6 Section 2. Establishment of commission.
7 Section 3. Terms of appointment.
8 Section 4. Officers of commission.
9 Section 5. Responsibility.
10 Section 6. Meetings.
11 Section 7. Compensation.
12 Section 8. Assistants and staff.
13 Section 9. Clients of commission.
14 Section 10. Registry.
1 Section 11. Duty of commission.
2 Section 12. Federal funds.
3 Section 13. Gifts, contributions and bequests.
4 Section 14. Reports.
5 Section 15. Repeals.
6 Section 16. Effective date.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Commission." The Pennsylvania Commission of the Blind
14 established by this act.
15 Section 2. Establishment of commission.
16 The Pennsylvania Commission of the Blind is hereby
17 established. The commission shall consist of seven members as
18 shall be appointed by the Governor. At least four members of the
19 commission shall be blind; and the Governor shall, when
20 appointing a blind person, request lists of qualified blind
21 persons from the various organized communities of the blind. No
22 person appointed to this commission shall serve thereon while
23 serving as an official or paid employee of any workshop, school
24 or agency whose stated purpose and function is service to the
25 blind.
26 Section 3. Terms of appointment.
27 The term of a commissioner shall be for six years, and no
28 member of the commission shall serve more than two consecutive
29 six-year terms. Within 60 days after the passage of this act,
30 the Governor shall appoint two commissioners for two-year terms,
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1 two commissioners for four-year terms and three commissioners
2 for six-year terms.
3 Section 4. Officers of commission.
4 At the first meeting of the commission and annually
5 thereafter, the commission shall elect a chairman, a vice-
6 chairman and a secretary.
7 Section 5. Responsibility.
8 The commission shall be directly responsible to the Governor
9 and shall not be assigned to any other existing department,
10 commission, board or section of the State government.
11 Section 6. Meetings.
12 (a) Quarterly meetings.--The commission shall meet quarterly
13 during the months of March, June, September and December.
14 Special meetings may be called, when needed, by the chairman of
15 the commission, by joint resolution of any two commissioners or
16 by any three members of the commission.
17 (b) Location.--Quarterly meetings shall be held in different
18 sections of this Commonwealth, with provisions made for blind
19 people of the area to present ideas and problem areas to the
20 commission. The commission shall notify the various organized
21 blind communities at least 30 days before such meetings.
22 Section 7. Compensation.
23 No member of the commission shall receive salary or
24 compensation for his service, although members of the commission
25 shall be reimbursed for travel expenses and expenses incurred as
26 part of their duties as members of the commission. Reimbursement
27 of these expenses shall come from State funds and shall be
28 subjected to the same regulations governing similar expenditures
29 of State funds.
30 Section 8. Assistants and staff.
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1 (a) Authorization.--The commission shall employ a director
2 and such assistants and staff as may be necessary to carry out
3 the provisions of this act, with primary consideration being
4 given to qualified blind persons.
5 (b) Transfers.--The director of the commission shall not be
6 included in civil service. Employees of the Department of Public
7 Welfare and the Department of Education and other persons who
8 now serve the blind and whose services are deemed necessary to
9 the adequate and proper functioning of the commission shall be
10 transferred to the commission without impairment of civil
11 service, retirement, seniority or other rights, and their terms
12 of office shall not be deemed to be interrupted. The commission
13 shall establish adequate and proper appeal and grievance
14 procedures for staff.
15 Section 9. Clients of commission.
16 Clients of the commission shall be those persons who by
17 reason of a loss of vision have substantial difficulty in
18 achieving an adequate economic and social adjustment, and those
19 persons whose central visual acuity with correction does not
20 exceed 20/200 in the better eye or whose vision in the better
21 eye is restricted to a field which subtends an angle no greater
22 than 20 degrees.
23 Section 10. Registry.
24 (a) Compilation.--The commission shall compile a central
25 registry of the blind in Pennsylvania, which shall describe the
26 cause of each individual's blindness, the individual's capacity
27 for educational, vocational and industrial training, a census of
28 the employed blind, factors relating to employment of blind
29 persons and such other factors as the commission shall deem of
30 value.
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1 (b) Reports.--Whenever, upon examination in a clinic,
2 hospital or other institution, or elsewhere by a physician or
3 optometrist, a person is found to be included within the
4 definition of blindness established in this act, such reports
5 shall be filed with the commission within 30 days after the
6 examination.
7 Section 11. Duty of commission.
8 It is the duty of the commission to:
9 (1) Act as a source of information and referral to all
10 blind persons in this Commonwealth.
11 (2) Improve the condition of blind persons by promoting
12 business to them in their homes for the purpose of
13 instruction and for such other lawful purpose as the
14 commission deems expedient.
15 (3) Assist in marketing products of blind workers of
16 this Commonwealth.
17 (4) Provide vocational training for blind persons
18 whenever the commission considers it advisable and necessary.
19 (5) If the commission finds it advisable, establish
20 workshops for the employment of the blind, paying suitable
21 wages for work under such employment. Temporary lodging or
22 support of persons receiving training may be provided or paid
23 for by the commission.
24 (6) Use any receipts or earnings that accrue from the
25 operation of workshops and provide the Auditor General with
26 the detailed monthly statement of the receipts, earnings and
27 expenditures.
28 (7) Vigorously pursue the commercial, industrial and
29 competitive placement of the blind.
30 (8) Develop standards for instruction and services for
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1 all public and private agencies which receive any part of
2 their funding from the State government and whose purpose and
3 function is the education, treatment, rehabilitation,
4 boarding, nursing or other care of individuals eligible for
5 service under this act.
6 (9) Establish, manage and control a special training,
7 orientation and adjustment center or centers for blind
8 persons who are 16 years of age or older. Maintenance,
9 upkeep, repair and alterations to any grounds or buildings
10 designated as centers for the blind under the commission
11 shall be provided for by the commission. The commission shall
12 also be empowered to provide whatever personnel, materials,
13 equipment and special devices are necessary for carrying out
14 the functions of these centers. Such powers shall include the
15 power to spend funds appropriated by the Commonwealth for
16 this purpose, or to spend funds obtained through gifts,
17 bequests and contributions as set forth in this act.
18 (10) Provide services to all persons of any age who are
19 multiply handicapped where the lack of vision is a further
20 significant handicap, and establish whatever facilities are
21 necessary for these services as deemed necessary by the
22 commission.
23 (11) Provide social services to the blind individual, as
24 well as to his spouse or parent or other members of his
25 family, to bring about the maximum utilization of all
26 services of the commission by the blind individual.
27 (12) Provide for the maximum education of blind persons
28 and their families, and of multiply handicapped persons where
29 blindness is a further significant handicap and their
30 families, from preschool age to the conclusion of education,
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1 and provide for the education of a newly blinded adult when
2 such education is deemed necessary by the commission.
3 (13) Negotiate with Federal, State or other governmental
4 organizations and the private agencies offering services
5 required by an individual served by this act, and purchase
6 such services when needed.
7 (14) Provide the blind pension to eligible persons in
8 accordance with current standards now carried out by the
9 Department of Public Welfare, formulate future policies
10 concerning Federal-State and State blind pension, and explore
11 any other income possibilities.
12 (15) Provide and/or purchase medical or surgical care
13 and other necessary services or aids to persons covered by
14 this act.
15 (16) Gather information concerning the causes of
16 blindness, seek to determine which causes are preventable and
17 work with the other established agents of the State to
18 eliminate preventable causes.
19 (17) Establish adequate appeal and grievance procedures
20 for clients of the commission.
21 (18) Provide a business enterprise program, including
22 management, supervision and development services.
23 Section 12. Federal funds.
24 The commission shall actively seek all available sources of
25 Federal funds necessary to implement and carry out the programs
26 of the commission.
27 Section 13. Gifts, contributions and bequests.
28 The commission is empowered to accept and use gifts,
29 contributions and bequests made in accordance with the purpose
30 of this act. These gifts shall be held, invested and reinvested,
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1 and the principal and interest may be used in accordance with
2 the conditions of the gift. Funds under this section may be
3 expended under the order or approval of the commission without
4 specific appropriation.
5 Section 14. Reports.
6 The commission shall make a detailed report to the General
7 Assembly and the Governor before January 1 of each year. This
8 report shall show all appropriations received and how they were
9 expended and how the responsibilities of the commission have
10 been discharged and shall make recommendations concerning the
11 improvement of the commission in the forthcoming year.
12 Section 15. Repeals.
13 (a) Specific.--The act of June 13, 1967 (P.L.31, No.21),
14 known as the Public Welfare Code, is repealed insofar as it is
15 inconsistent with the provisions of this act.
16 (b) All other acts and parts of acts are repealed insofar as
17 they are inconsistent with the provisions of this act.
18 Section 16. Effective date.
19 This act shall take effect in 60 days.
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