THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MAHER, DeWEESE, PASHINSKI, BAKER, BEYER, BRADFORD, BRENNAN, BRIGGS, BROWN, BURNS, CALTAGIRONE, CASORIO, COHEN, CUTLER, DAY, DENLINGER, GEIST, GEORGE, GODSHALL, GROVE, HARHAI, HESS, HORNAMAN, JOSEPHS, KILLION, KORTZ, KULA, LENTZ, LONGIETTI, MAHONEY, MARKOSEK, MARSHALL, MENSCH, MILNE, MURT, MUSTIO, M. O'BRIEN, O'NEILL, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, SANTONI, SEIP, SIPTROTH, K. SMITH, SONNEY, SWANGER, J. TAYLOR, VULAKOVICH, WATERS, YOUNGBLOOD AND WATSON, JUNE 2, 2009

AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 2010   

AN ACT

Relating to the delivery of services and programs to persons

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with disabilities; conferring powers and duties on the Office

of the Governor; and creating the Office for People with

Disabilities and Advisory Committee for People with

Disabilities; and providing for its powers, duties and

funding.

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Legislative policy and declaration.

Section 103.  Definitions.

Chapter 3.  Office for People with Disabilities

Section 301.  Creation of office.

Section 302.  Powers and duties of office.

Section 303.  Power to contract.

Chapter 5.  Advisory Committee for People with Disabilities

Section 501.  Creation of committee.

Section 502.  Membership.

Section 503.  Powers and duties of advisory committee.

Chapter 21.  Miscellaneous Provisions

Section 2101.  Funding.

Section 2102.  Effective date.

Establishing the Governor's Cabinet for People with Disabilities

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and the Governor's Advisory Committee for People with

Disabilities; and providing for their powers and duties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

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PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Office for

People with Disabilities Act.

Section 102.  Legislative policy and declaration.

The General Assembly finds and declares as follows:

(1)  Persons with disabilities and their families and

guardians should have access to a full range of services and

programs, including equal access to all services and programs

provided for persons without disabilities, as well as

individualized and specialized services that meet the unique

needs of persons without discrimination.

(2)  Persons with disabilities and their families and

guardians are often underserved. They have often been denied

access to individualized and specialized services available

to the community at large and have been denied services

necessary to their health, well-being, independence and

advancement.

(3)  Persons with disabilities who could live and work in

the community live in institutions at State expense due to

inadequate funding for community support services. The result

is a loss both to these individuals and to this Commonwealth.

(4)  Persons with disabilities and their families and

guardians should have the opportunity to choose and direct

the services and programs provided to them, and the community

of persons with disabilities should direct the development

and operation of the delivery system.

(5)  Increased availability of community support services

and programs will enable persons with disabilities and their

families and guardians to be more independent and productive,

to remain in their homes and communities and to more fully

exercise their rights and responsibilities as citizens.

(6)  Services and programs provided by the Commonwealth

to persons with disabilities and their families and guardians

should be provided in a manner that promotes independent

living, enables people to obtain and maintain employment and

supports people in their homes and communities.

(7)  A State-level office and advisory committee is

needed to advise and assist the Governor and the General

Assembly in developing policies addressing the concerns of

persons with disabilities and their families and guardians.

(8)  Access to the office will enable people with

disabilities and their families and guardians to have their

concerns and issues addressed.

Section 103.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Advisory committee."  The Advisory Committee for People With

Disabilities created in section 501.

"Consumer control."  The right of a person with a disability

or an individual acting on behalf of a person with a disability

to maintain power and authority over decisions affecting the

provision of services, programs and community activities.

"Disability services."  Services and programs provided to

persons with disabilities or their families or guardians to

enhance the ability of adults or children with disabilities to

live or work independently and to pursue their rights and

responsibilities as citizens.

"Functional limitations."  Limitations that affect one or

more of the following activities of daily living:

(1)  Mobility.

(2)  Communication.

(3)  Self-care.

(4)  Work.

(5)  Recreation.

(6)  Independent living.

(7)  Learning.

(8)  Self-direction.

"Long-term."  Likely to be of extended or lifelong duration.

"Office."  The Office for People with Disabilities created

under section 301.

"Person with a disability."  A child or adult who has a

severe chronic condition resulting in substantial functional

limitation that is attributable to psychological, cognitive,

developmental, physical or sensory impairment or a combination

of psychological, cognitive, developmental, physical or sensory

impairment and is likely to continue indefinitely.

CHAPTER 3

OFFICE FOR PEOPLE WITH DISABILITIES

Section 301.  Creation of office.

The Office for People with Disabilities is hereby created

within the Office of the Governor. The office shall be

administered by the Office of the Governor.

Section 302.  Powers and duties of office.

The office shall have the power and its duty shall be to:

(1)  Assure that all citizens of this Commonwealth who

have disabilities and their families and guardians have

access to adequate and coordinated quality services and

programs.

(2)  Identify gaps in disability services and programs

and funding shortages in collaboration with the advisory

committee and report this information annually to the

Governor and to the General Assembly.

(3)  Act as a system advocate to expand the availability

of disability services and programs and access to generic

services and programs.

(4)  Plan for Statewide improvements in services and

programs for persons with disabilities and their families and

guardians.

(5)  Develop, within one year of the effective date of

this act, and enforce all program requirements and

regulations necessary and appropriate for the proper

accomplishment of the duties imposed by this act. Development

of program requirements and regulations shall be accomplished

in collaboration with the advisory committee.

(6)  Employ an executive director to carry out the duties

of this section.

Section 303.  Power to contract.

The office may contract with Statewide disability-related

organizations to carry out the provisions of this act, provided

the contracts place contract activities under the direction and

control of consumers with disabilities.

CHAPTER 5

ADVISORY COMMITTEE FOR PEOPLE WITH DISABILITIES

Section 501.  Creation of committee.

The Advisory Committee for People with Disabilities is hereby

created within the Office for People with Disabilities and shall

serve in an advisory capacity to the office in matters regarding

persons with disabilities in this Commonwealth. The advisory 

committee shall be administered by the Office for People with

Disabilities.

Section 502.  Membership.

(a)  Public official members.--The committee shall consist of

the following members, who shall serve by virtue of their public

position:

(1)  Secretary of Public Welfare.

(2)  Secretary of Labor and Industry.

(3)  Secretary of Health.

(4)  Secretary of Education.

(5)  Secretary of Transportation.

(6)  Secretary of the Budget.

(7)  Secretary of Aging.

(8)  Secretary of Policy and Planning.

(9)  Adjutant General.

(10)  Secretary of the Commonwealth.

(11)  Director of the Office of Health Care Reform.

(12)  Chairperson of the Pennsylvania Human Relations

Commission.

(13)  Executive Director of the Pennsylvania Housing

Finance Agency.

(14)  Executive Director of the Pennsylvania

Developmental Disabilities Planning Council.

(15)  Executive Director of the Office for People with

Disabilities.

(16)  Executive Director of Intra-Governmental Long-Term

Care Council.

(b)  Nongovernmental members.--The committee shall consist of

nongovernmental members to be appointed by the Governor as

follows:

(1)  The Governor shall appoint persons with

disabilities, including individuals from existing stakeholder

groups, in such number as the Governor deems appropriate.

(2)  At a minimum, 60% of these members shall be persons

with disabilities or family members of persons with

disabilities.

(3)  Advisory committee members shall be selected based

upon an evaluation of information received through formal

application.

(c)  Voting.--

(1)  The members appointed under subsection (a) shall not

hold voting privileges on any matter brought up for

consideration by the committee.

(2)  The members appointed under subsection (b) shall

hold voting privileges on all matters brought up for

consideration by the committee.

(d)  Terms.--

(1)  The terms of the members under subsection (a) shall

be concurrent with their holding of public office.

(2)  Members appointed under subsection (b) shall serve

at the pleasure of the Governor as long as they represent the

interest of the membership class for which they were

appointed and shall serve until their successors are

appointed.

(e)  Chairperson.--The Governor shall appoint a

nongovernmental member of the committee to serve as chairperson

of the advisory committee.

(f)  Expenses of members.--Members of the committee shall

receive no payment for their services. Members who are not

employees of State government shall be reimbursed for expenses

incurred in the course of their official duties and in

accordance with the Rehabilitation Act of 1973 (Public Law

93-112, 29 U.S.C. § 701 et seq.).

Section 503.  Powers and duties of advisory committee.

(a)  Enumeration.--The advisory committee shall have the

power and its duties shall be to:

(1)  Make recommendations to the Governor on policies,

procedures, regulations and legislation that aid persons with

disabilities in Pennsylvania.

(2)  Serve as the Governor's liaison to persons with

disabilities on policies, procedures, regulations and

legislation that affect persons with disabilities in order to

ensure that State government is accessible, accountable and

responsive to persons with disabilities.

(3)  Serve as a resource to all departments, commissions

and agencies under the Governor's jurisdiction to ensure that

these government entities are cognizant of the needs of

persons with disabilities and their respective services and

programs are accessible to those individuals.

(4)  Work with the Governor and the agencies under the

Governor's jurisdiction to monitor the hiring, retention and

promotion practices of the Commonwealth relating to the

employment of people with disabilities in order to ensure

that there are no discriminatory practices within the

Commonwealth.

(5)  Perform such other duties as the Governor may assign

in planning for services and programs for persons with

disabilities and their families.

(b)  Studies and reports.--The committee may conduct studies

and issue reports upon request and as it deems necessary on

issues affecting persons with disabilities in Pennsylvania.

(c)  Workgroups.--Nothing in this section shall prevent the

committee from establishing ad hoc workgroups or local

committees to assist in research and other duties necessary to

carry out the mission of the office.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101.  Funding.

The Office of the Governor shall use Federal funds where

possible for the administration of the Office for People with

Disabilities and the Advisory Committee for People with

Disabilities and shall expend Federal funds, on appropriation by

the General Assembly, prior to expending any State

appropriations for the same or similar purpose. The Office of

the Governor shall utilize any available private funds to carry

out the provisions of this act.

Section 2102.  Effective date.

This act shall take effect in 60 days.

Section 1.  Short title.

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This act shall be known and may be cited as the Governor's

Cabinet for People with Disabilities Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  Discrimination against individuals or groups by

reason of disability is unlawful.

(2)  Discrimination based upon disability threatens the

rights and privileges of residents of this Commonwealth.

(3)  The denial of equal employment, housing and public

accommodation opportunities because of discrimination based

upon disability, and the failure to use the productive

abilities of individuals to their fullest extent, deprive

people with disabilities from opportunities to enhance their

standard of living.

(4)  The public health, safety and general welfare of the

Commonwealth is promoted by providing equal opportunities for

all individuals, regardless of disability, to public

accommodation and secure, accessible, affordable housing

accommodation and commercial property.

(5)  Services and programs provided by the Commonwealth

for individuals with disabilities and their families and

guardians should be provided in a timely manner that promotes

independent living, enables people to obtain and maintain

employment and supports people with disabilities in the least

restrictive environment.

(6)  The Commonwealth should strive to promote the

employment of all individuals in accordance with their

fullest abilities to safeguard their right to obtain and hold

employment without discrimination.

(7)  A State-level office is needed to advise and assist

the Office of the Governor and departments within State

government in developing policies addressing the concerns of

individuals with disabilities.

(8)  Access to the office will enable individuals with

disabilities and their families and guardians to have their

concerns and issues addressed.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Cabinet."  The Governor's Cabinet for People with

Disabilities established in section 4.

"Committee."  The Governor's Advisory Committee for People

with Disabilities established in section 5.

Section 4.  Governor's Cabinet for People with Disabilities.

(a)  Establishment.--The Governor's Cabinet for People with

Disabilities is established.

(b)  Executive director.--The Governor shall appoint an

executive director of the cabinet.

(c)  Membership.--The cabinet shall consist of the following

members, who shall serve by virtue of their public positions:

(1)  The Secretary of Public Welfare, who shall serve as

chair of the cabinet.

(2)  The Secretary of Labor and Industry.

(3)  The Secretary of Health.

(4)  The Secretary of Education.

(5)  The Secretary of Transportation.

(6)  The Secretary of the Budget.

(7)  The Secretary of Aging.

(8)  The Secretary of Policy and Planning.

(9)  The Director of the Office of Health Care Reform.

(10)  The Adjutant General of Military and Veterans

Affairs.

(11)  The Chairperson of the Pennsylvania Human Relations

Commission.

(12)  The Executive Director of the Pennsylvania

Developmental Disabilities Council.

(13)  The Executive Director of the Governor's Office for

People with Disabilities.

(14)  The Executive Director of the Governor's Long Term

Living Council.

(d)  Responsibilities.--The responsibilities of the cabinet

shall be as follows:

(1)  Make recommendations to the Governor on policies,

procedures, regulations and legislation that aid people with

disabilities in this Commonwealth.

(2)  Serve as the Governor's liaison to people with

disabilities on policies, procedures, regulations and

legislation that affect people with disabilities in order to

ensure that State government is accessible, accountable and

responsive to people with disabilities.

(3)  Serve as a resource to all departments, commissions

and agencies under the Governor's jurisdiction to ensure that

these government entities are cognizant of the needs of

people with disabilities and their respective services and

programs are accessible to those individuals.

(4)  Work with the Office of the Governor and State

agencies to monitor the hiring, retention and promotion

practices of the Commonwealth relating to the employment of

people with disabilities in order to ensure that there are no

discriminatory practices.

Section 5.  Governor's Advisory Committee for People with

Disabilities.

(a)  Establishment and responsibilities.--The Governor's

Advisory Committee for People with Disabilities is established

and shall serve in an advisory capacity to the cabinet in

matters regarding people with disabilities in this Commonwealth.

(b)  Membership.--The committee shall consist of the

following members, with a chairperson to be designated by the

Governor:

(1)  The Governor shall appoint as members people with

disabilities, including individuals from existing stakeholder

groups, in such number as the Governor deems appropriate.

(2)  At a minimum, 60% of the committee members shall be

people with disabilities or family members of people with

disabilities.

(3)  Committee members serve at the pleasure of the

Governor.

(c)  Compensation and expenses.--The members of the committee

shall not receive a salary or per diem allowance for serving as

members of the committee, but shall be reimbursed for actual and

necessary expenses incurred in the performance of their duties

in accordance with Commonwealth policy.

Section 6.  Responsibilities of Commonwealth agencies.

All agencies under the jurisdiction of the Governor shall

cooperate with and provide any necessary assistance to the

cabinet and committee in performing their functions.

Section 7.  Reports and studies.

The cabinet may conduct studies and issue reports upon

request and as it deems necessary on issues affecting people

with disabilities in this Commonwealth.

Section 20.  Effective date.

This act shall take effect immediately.