PRINTER'S NO. 2883
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1866
Session of
2015
INTRODUCED BY D. COSTA, DeLUCA, DAVIS, COHEN, NEILSON, MAHONEY,
HAHN, McNEILL AND CALTAGIRONE, FEBRUARY 23, 2016
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 23, 2016
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in common carriers, providing for
paratransit service.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 2306. Paratransit service.
(a) Third party presence required.--A third party shall be
present in the facility of a common carrier when the common
carrier is transporting a minor with a handicap or disability
and the minor's parent or legal guardian is not present during
the paratransit service.
(b) Permissible third parties.--The third party described
under subsection (a) shall be one of the following:
(1) An agent of the county agency.
(2) A health care practitioner.
(3) An individual who is permitted to operate a vehicle
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under the common carrier as a result of having passed the
criminal history and driving history investigations and
satisfying the other requirements to become a driver for the
common carrier.
(4) An individual approved by the department.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agent of the county agency." The following shall apply:
(1) The term includes any of the following:
(i) A person or representative of a person providing
child protective services or general protective services,
as those terms are defined under 23 Pa.C.S. ยง 6303
(relating to definitions), to the minor directly or under
contract or agreement with a county agency.
(ii) A preadoptive parent of the minor.
(iii) A foster parent of the minor.
(iv) A staff member or volunteer of any of the
following:
(A) A public or private residential child care
facility.
(B) A public or private day care center, group
day care home or family day care home.
(C) A public or private social service agency.
(D) A county detention center.
(v) An individual residing in the home of a foster
parent or preadoptive parent of the minor.
(vi) A school employee of a facility or agency that
is an agent of a county agency.
(2) The term does not include staff of a Commonwealth-
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operated youth development center or youth forestry camp.
"County agency." The county children and youth social
service agency established pursuant to section 405 of the act of
June 24, 1937 (P.L.2017, No.396), known as the County
Institution District Law, or its successor, and supervised by
the department under Article IX of the act of June 13, 1967
(P.L.31, No.21), known as the Human Services Code.
"Department." The Department of Human Services of the
Commonwealth.
"Handicap or disability." Includes the following:
(1) A physical or mental impairment that substantially
limits at least one major life activity.
(2) A record of an impairment.
(3) Being regarded as having an impairment.
"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by a license,
permit, certificate or registration issued by a Commonwealth
licensing agency or board.
"Major life activity." Includes any of the following:
(1) Caring for oneself.
(2) Performing manual tasks.
(3) Walking.
(4) Seeing.
(5) Hearing.
(6) Speaking.
(7) Breathing.
(8) Learning.
(9) Working.
"Minor." An individual under 18 years of age.
"Paratransit service." Transit service operating on a
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nonfixed-route basis to provide complementary transportation
service to individuals who are functionally unable to use a
fixed-route public transportation service as required by the
Americans with Disabilities Act of 1990 (Public Law 101-336, 104
Stat. 327).
"Physical or mental impairment." Either of the following:
(1) A physiological disorder or condition, cosmetic
disfigurement or anatomical loss affecting one or more of the
following body systems:
(i) Neurological.
(ii) Musculoskeletal.
(iii) Special sense organs.
(iv) Respiratory, including speech organs.
(v) Cardiovascular.
(vi) Reproductive.
(vii) Digestive.
(viii) Genitourinary.
(ix) Hemic and lymphatic.
(x) Skin.
(xi) Endocrine.
(2) A mental or psychological disorder, such as mental
illness, or specific learning disabilities.
"Record of an impairment." A history of or misclassification
as having a physical or mental impairment that substantially
limits at least one major life activity.
"Regarded as having an impairment." Any of the following:
(1) A physical or mental impairment that does not
substantially limit a major life activity but that is treated
by an employer or owner, operator or provider of a public
accommodation as constituting a limitation.
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(2) A physical or mental impairment that substantially
limits at least one major life activity only as a result of
the attitudes of others toward the impairment.
(3) None of the impairments defined in paragraph (1) or
(2) but a condition that is treated by an employer or owner,
operator or provider of a public accommodation as an
impairment.
Section 2. This act shall take effect in 60 days.
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