HOUSE AMENDED PRIOR PRINTER'S NO. 1141 PRINTER'S NO. 2536
No. 1027 Session of 1993
INTRODUCED BY FISHER, DAWIDA, TILGHMAN, BELAN, BELL, CORMAN, STAPLETON, SALVATORE, HELFRICK AND LEMMOND, APRIL 27, 1993
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 16, 1994
AN ACT 1 Establishing the Pennsylvania Commission on Blindness and Visual 2 Impairment and providing for its powers and duties; 3 transferring certain functions; and making repeals. 4 TABLE OF CONTENTS 5 Section 1. Short title. 6 Section 2. Definitions. 7 Section 3. Establishment of commission. 8 Section 4. Terms of appointment. 9 Section 5. Officers of commission. 10 Section 6. Responsibility. 11 Section 7. Meetings. 12 Section 8. Compensation. 13 Section 9. Assistants and staff. 14 Section 10. Clients of commission. 15 Section 11. Statewide database. 16 Section 12. Duty of commission. 17 Section 13. Federal funds.
1 Section 14. Gifts, contributions and bequests.
2 Section 15. Reports.
3 Section 16. Agency duties transferred.
4 Section 17. Repeals.
5 SECTION 18. EXPIRATION. <--
6 Section 18 19. Effective date. <--
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Blindness and
11 Visual Impairment Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Commission." The Pennsylvania Commission on Blindness and
17 Visual Impairment.
18 "Legally blind." A visual acuity of 20/200 vision in the
19 better eye with best correction and/or a visual field that
20 subtends an angle of 20 degrees.
21 "Visually impaired." A visual acuity of 20/70 vision in the
22 better eye with best correction and/or a field loss of 50% or
23 more and/or a prognosis of significantly deteriorating vision.
24 Section 3. Establishment of commission.
25 The Pennsylvania Commission on Blindness and Visual
26 Impairment is hereby established. The commission shall consist
27 of nine members to be appointed by the Governor. At least four
28 members of the commission shall be legally blind and one
29 additional member shall be visually impaired. Persons appointed
30 to the commission shall have qualifications or credentials which
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1 demonstrate an ability to administer an organization, and there 2 shall be an attempt to maintain representation from a geographic 3 balance of this Commonwealth. The Governor shall, when 4 appointing a person, request lists of qualified persons from the 5 various organized communities of the blind, agencies for the 6 blind and professional organizations in the field of blindness. 7 No person appointed to this commission shall serve on it while 8 serving as an official or paid employee of any workshop, school 9 or agency whose stated purpose and function is service to the 10 blind. In addition, no person having a contract for services to 11 the blind and/or who is an official or paid employee of an 12 organization of the blind which has a contract with the 13 Commonwealth for services to the blind may serve on the 14 commission. 15 Section 4. Terms of appointment. 16 The term of a commissioner shall be for three years, and no 17 member of the commission shall serve more than two consecutive 18 three-year terms. After the completion of two three-year terms, 19 a commissioner may be reappointed to the commission after one 20 year of nonservice. Within 60 days after the passage of this 21 act, the Governor shall appoint three commissioners for one-year 22 terms, three commissioners for two-year terms and three 23 commissioners for three-year terms. Only those commissioners 24 appointed for one-year terms are eligible to serve two 25 additional three-year terms before the required year of absence. 26 Section 5. Officers of commission. 27 The commission shall establish the number sufficient to 28 constitute a quorum and shall adopt necessary bylaws by which to 29 govern itself. At the first meeting of the commission and 30 annually thereafter, the commission shall elect a chairman, a 19930S1027B2536 - 3 -
1 vice chairman and a secretary. 2 Section 6. Responsibility. 3 The commission shall be directly responsible to the Governor 4 and shall not be assigned to any other existing department, 5 commission, board or section of the State government. 6 Section 7. Meetings. 7 (a) Quarterly meetings.--The commission shall meet quarterly 8 during the months of March, June, September and December. 9 Special meetings may be called, when needed, by the chairman of 10 the commission or by joint resolution of any three members of 11 the commission. 12 (b) Location.--Quarterly meetings shall be held in different 13 sections of this Commonwealth, with provisions made for blind 14 and visually impaired people of the area, agencies and 15 professional organizations for the blind to present ideas and 16 problem areas to the commission. The commission shall notify the 17 various organized blind communities at least 30 days before such 18 meetings. In addition, the commission shall hold at least one 19 meeting each year in the State Capitol. 20 Section 8. Compensation. 21 No member of the commission shall receive salary or 22 compensation for his or her service, although members of the 23 commission shall be reimbursed for travel expenses and expenses 24 incurred as part of their duties as members of the commission. 25 Reimbursement of these expenses shall come from State funds and 26 shall be subjected to the same regulations governing similar 27 expenditures of State funds. 28 Section 9. Assistants and staff. 29 (a) Authorization.--The commission shall employ a director 30 and such assistants and staff as may be necessary to carry out 19930S1027B2536 - 4 -
1 the provisions of this act, with primary consideration being 2 given to qualified blind persons. 3 (b) Transfers.--The director of the commission shall not be 4 included in civil service. Employees of the Department of Public 5 Welfare and other persons who now serve people who are blind or 6 visually handicapped and whose services are deemed necessary to 7 the adequate and proper functioning of the commission shall be 8 transferred to the commission without impairment of civil 9 service, retirement, seniority or other rights, and their terms 10 of office shall not be deemed to be interrupted. All employees 11 currently represented by collective bargaining agreements or 12 memoranda of agreement shall be transferred to the commission 13 without loss of pay, seniority, benefits or any other attribute 14 of the current position. The commission shall establish adequate 15 and proper appeal and grievance procedures for staff. 16 Section 10. Clients of commission. 17 Clients of the commission shall be persons who are blind or 18 visually impaired who, by reason of a loss of vision, have 19 substantial difficulty in achieving an adequate economic and 20 social adjustment. 21 Section 11. Statewide database. 22 The commission shall compile a central database of blind and 23 visually impaired persons in this Commonwealth, which shall 24 describe the cause of each individual's visual loss, the 25 individual's capacity for educational, vocational and industrial 26 training, a census of employed persons who are blind or visually 27 impaired, factors relating to employment of blind or visually 28 impaired persons and such other factors as the commission shall 29 deem of value. 30 Section 12. Duty of commission. 19930S1027B2536 - 5 -
1 It is the duty of the commission to: 2 (1) Act as a source of information and referral to all 3 persons who are blind or visually impaired in this 4 Commonwealth. 5 (2) Assist in marketing products of blind or visually 6 impaired workers of this Commonwealth. 7 (3) Provide maximum vocational rehabilitation and 8 adjustment training for persons who are blind or visually 9 impaired. 10 (4) Vigorously pursue the commercial, industrial and 11 competitive placement of persons who are blind or visually 12 impaired. 13 (5) Provide advisory and referral services to persons 14 who are multiply handicapped where the lack of vision is a 15 further significant handicap, and advocate for and arrange 16 for whatever facilities are necessary for these services. 17 (6) Provide social services to an individual who is 18 blind or visually impaired, and support services to the 19 spouse, parent or other members of the individual's family, 20 to bring about the maximum utilization of all services of the 21 commission by the blind or visually impaired individual. 22 (7) Advocate for and assist with the maximum education 23 of persons who are blind or visually impaired and of multiply 24 handicapped persons where loss of vision is a further 25 significant handicap, from preschool age to the conclusion of 26 education, and provide for the education of an adult who is 27 newly blinded. 28 (8) Negotiate with Federal, State or other governmental 29 organizations and the private agencies offering services 30 required by an individual served by this act, and purchase 19930S1027B2536 - 6 -
1 such services when needed. 2 (9) Gather information concerning the causes of 3 blindness and visual loss, directly provide for prevention of 4 blindness services, seek to determine which causes are 5 preventable and work with the other established agents of 6 this Commonwealth to eliminate preventable causes. 7 (10) Establish adequate appeal and grievance procedures 8 for clients of the commission. 9 (11) Provide a business enterprise program, including 10 management, supervision and development services, in 11 accordance with the provisions of the Randolph-Sheppard Act 12 (49 Stat. 1559, 20 U.S.C. § 107 et seq.) and the act of 13 December 16, 1986 (P.L.1641, No.187), known as the Little 14 Randolph-Sheppard Act. 15 Section 13. Federal funds. 16 The commission shall be the designated State vocational 17 rehabilitative agency for the blind and visually impaired and 18 shall receive all funding concomitant with that designation. The 19 commission shall actively seek funding under the Rehabilitation 20 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.) as well 21 as other available sources of Federal funds necessary to 22 implement and carry out the programs of the commission. 23 Section 14. Gifts, contributions and bequests. 24 The commission is empowered to accept and use gifts, 25 contributions and bequests made in accordance with the 26 provisions of this act. These gifts shall be held, invested and 27 reinvested, and the principal and interest may be used in 28 accordance with the conditions of the gift. Funds under this 29 section may be expended under the order or approval of the 30 commission without specific appropriation. The commission shall 19930S1027B2536 - 7 -
1 not solicit bequests, gifts or contributions by the general 2 public. 3 Section 15. Reports. 4 The commission shall make a detailed report to the General 5 Assembly and the Governor before January 1 of each year. This 6 report shall show all appropriations received and how they were 7 expended and how the responsibilities of the commission have 8 been discharged and shall make recommendations concerning the 9 improvement of the commission in the forthcoming year. 10 Section 16. Agency duties transferred. 11 (a) Functions.--The functions of the Department of Public 12 Welfare relating to the blind and visually impaired are hereby 13 abolished if those functions are transferred to the commission 14 under this act. 15 (b) Personnel, appropriations, etc.--All personnel, 16 allocations, appropriations, equipment, files, records, 17 contracts, agreements, obligations and other materials which are 18 used, employed or expended in connection with the powers, duties 19 or functions transferred by this act to the commission are 20 hereby transferred to the commission with the same force and 21 effect as if the appropriations had been made to and the items 22 had been the property of the commission in the first instance 23 and as if the contracts, agreements and obligations had been 24 incurred or entered into by the commission. 25 (c) Additional provisions.--The personnel, appropriations, 26 equipment and other items and materials transferred by this 27 section shall include an equivalent portion of the general 28 administrative, overhead and supporting personnel, 29 appropriations, equipment and other materials of the commission 30 and shall also include, where applicable, Federal grants and 19930S1027B2536 - 8 -
1 funds and other benefits from any Federal program. 2 (d) Regulations, orders, etc.--All orders, permits, 3 regulations, decisions and other actions of any department, 4 board or commission abolished by this act or of any agency whose 5 functions have been transferred by this act shall remain in full 6 force and effect until modified, repealed, suspended, superseded 7 or otherwise changed by appropriate action of the commission. 8 Section 17. Repeals. 9 (a) Article VIII of the act of June 13, 1967 (P.L.31, 10 No.21), known as the Public Welfare Code is repealed insofar as 11 it is inconsistent with this act. 12 (b) All other acts and parts of acts are repealed insofar as 13 they are inconsistent with this act. 14 SECTION 18. EXPIRATION. <-- 15 THIS ACT SHALL EXPIRE JUNE 30, 1998, UNLESS EXTENDED BY THE 16 GENERAL ASSEMBLY. 17 Section 18 19. Effective date. <-- 18 This act shall take effect in 60 days JULY 1, 1995. <-- C26L71PJP/19930S1027B2536 - 9 -