PRINTER'S NO. 2864
No. 2136 Session of 2003
INTRODUCED BY SCRIMENTI, BEBKO-JONES, BROWNE, HERMAN,
HUTCHINSON, DeWEESE, PISTELLA, GRUCELA, WALKO, GEORGE,
MARKOSEK, GODSHALL, HESS, CORRIGAN, McILHATTAN, WHEATLEY,
KILLION, WANSACZ, WATSON, HENNESSEY, WASHINGTON, READSHAW,
FABRIZIO, CAPPELLI, LEACH, KIRKLAND, CAWLEY, JAMES, MELIO,
SOLOBAY, YOUNGBLOOD, BELFANTI, CRUZ, PETRONE, GOODMAN,
PALLONE, HARHAI AND THOMAS, OCTOBER 27, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
OCTOBER 27, 2003
AN ACT
1 Establishing the Developmental Disabilities and Mental
2 Retardation Resource and Advocacy Center; and making an
3 appropriation.
4 TABLE OF CONTENTS
5 Chapter 1. General Provisions
6 Section 101. Short title.
7 Section 102. Declaration of policy.
8 Section 103. Definitions.
9 Chapter 3. Developmental Disabilities and Mental Retardation
10 Resources and Advocacy Center
11 Section 301. Establishment.
12 Section 302. Board of directors.
13 Section 303. Powers and duties.
14 Section 304. Administration.
15 Chapter 11. Miscellaneous Provisions
1 Section 1101. Appropriation.
2 Section 1102. Effective date.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 CHAPTER 1
6 GENERAL PROVISIONS
7 Section 101. Short title.
8 This act shall be known and may be cited as the Developmental
9 Disabilities and Mental Retardation Resource and Advocacy Act.
10 Section 102. Declaration of policy.
11 The General Assembly finds and declares as follows:
12 (1) The governmental bodies serving the diverse but
13 similar needs of people with developmental disabilities and
14 mental retardation are not coordinated.
15 (2) People with developmental disabilities and mental
16 retardation should have access to a full range of services,
17 including equal access to all services provided for persons
18 without disabilities, as well as specialized services that
19 meet the unique needs of this population.
20 (3) People with developmental disabilities and mental
21 retardation should have access to a resource and advocacy
22 call center within the Department of Public Welfare that will
23 coordinate available services and recommend improvements to
24 programs and the development of new ones.
25 (4) Governmental agencies and nongovernmental
26 organizations need a center to more effectively and
27 efficiently coordinate the existing information and services
28 without duplicating services and offices.
29 (5) The General Assembly needs accurate information
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1 about the current services in order to make recommendations
2 to improve the current system and to better serve the needs
3 of people with developmental disabilities and mental
4 retardation.
5 (6) As the mentally retarded and developmentally
6 disabled are more fully served by community support services,
7 they will be more able to exercise their rights and
8 responsibilities as citizens.
9 Section 103. 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 "Board." The Board of Directors of the Developmental
14 Disabilities and Mental Retardation Resource and Advocacy
15 Center.
16 "Center." The Developmental Disabilities and Mental
17 Retardation Resource and Advocacy Center.
18 "Department." The Department of Public Welfare of the
19 Commonwealth.
20 "Secretary." The Secretary of Public Welfare of the
21 Commonwealth.
22 CHAPTER 3
23 DEVELOPMENTAL DISABILITIES AND MENTAL
24 RETARDATION RESOURCE AND ADVOCACY CENTER
25 Section 301. Establishment.
26 There is hereby established the Developmental Disabilities
27 and Mental Retardation Resource and Advocacy Center, which shall
28 be a center within the department.
29 Section 302. Board of directors.
30 (a) Members.--The center shall be governed by a board of
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1 directors, which shall consist of members as follows:
2 (1) The secretary shall serve as chairperson of the
3 board.
4 (2) The President pro tempore of the Senate shall
5 appoint two members from the Senate, one of whom shall be
6 from the majority party and one of whom shall be from the
7 minority party.
8 (3) The Speaker of the House of Representatives shall
9 appoint two members from the House of Representatives, one of
10 whom shall be from the majority party and one of whom shall
11 be from the minority party.
12 (4) The Governor shall appoint two members from
13 Statewide nongovernmental organizations or associations with
14 a mission related to advocacy for people with mental
15 retardation or developmental disabilities. These
16 organizations include, but are not limited to, the
17 Association for Retarded Citizens, Autism Society of America,
18 American Association on Mental Retardation, American
19 Association of People with Disabilities, National
20 Organization on Disability and Easter Seals.
21 (5) One member appointed by the Governor shall represent
22 the Developmental Disabilities Planning Council.
23 (6) One member appointed by the secretary shall
24 represent the department's Bureau of Community-based
25 Services.
26 (7) One member appointed by the secretary shall
27 represent the department's Office of Mental Retardation.
28 (8) One member appointed by the Secretary of Education
29 shall represent the Department of Education's Bureau of
30 Special Needs.
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1 (9) One member appointed by the Secretary of Labor and
2 Industry shall represent the Department of Labor and
3 Industry's Office of Vocational Rehabilitation.
4 (10) One member appointed by the Governor shall
5 represent the Statewide Independent Living Council.
6 (b) Terms.--The legislative members shall serve on the board
7 for the duration of their legislative terms and shall continue
8 to serve until 30 days after the convening of the next regular
9 session of the General Assembly after the expiration of their
10 respective legislative terms or until a successor is appointed
11 for the new term, whichever occurs first. The term of office of
12 all other members of the board shall be two years. Each member
13 shall be eligible to be reappointed to the board. There shall be
14 no limit as to the number of terms a board member may serve.
15 (c) Meetings and quorum.--The board shall meet as often as
16 it deems necessary, but no less than every six months. Seven
17 members of the board shall constitute a quorum.
18 (d) Expenses.--The members of the board shall serve without
19 salary or compensation, but shall be entitled to expenses as are
20 reasonable and necessary in the performance of their duties.
21 (e) Duties.--The board shall advise the department and
22 center in the development of all plans, policies and regulations
23 issued by the center or department related to mental retardation
24 or developmental disabilities.
25 Section 303. Powers and duties.
26 The center shall:
27 (1) Develop and maintain an appropriate and
28 comprehensive base of knowledge and information about the
29 needs, general condition and services available to those with
30 developmental disabilities and mental retardation. The center
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1 shall be organized in a manner to facilitate and monitor
2 relationships among the various users.
3 (2) Collect information regarding the developmentally
4 disabled and mentally retarded populations, including type of
5 disability, sociodemographic information and service needs.
6 (3) Facilitate programs and services, such as education,
7 health care, housing and vocation for the persons who are
8 developmentally disabled or mentally retarded.
9 (4) Act as a system advocate for persons who are
10 developmentally disabled or mentally retarded.
11 (5) Establish interagency agreements and working,
12 nonduplicative relationships with other governmental bodies
13 and public and private agencies in order to:
14 (i) Provide referral and access to a full range of
15 services to individuals with disabilities.
16 (ii) Identify service gaps and funding shortages for
17 services available.
18 (iii) Ensure the availability of nonduplicative
19 services to persons who are developmentally disabled or
20 mentally retarded.
21 (6) Receive Federal, State and other available funding.
22 (7) Create a five-year comprehensive plan for Statewide
23 improvements to services and access to these services. The
24 center shall submit the comprehensive plan to the General
25 Assembly and provide annual updates relative to the plan's
26 implementation.
27 Section 304. Administration.
28 (a) Executive director.--The board shall select an executive
29 director to carry out the duties and functions of the center.
30 (b) Other staff.--The executive director shall employ upon
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1 approval by the board personnel as needed for the administration
2 of the center.
3 CHAPTER 11
4 MISCELLANEOUS PROVISIONS
5 Section 1101. Appropriation.
6 The sum of $250,000, or as much thereof as may be necessary,
7 is hereby appropriated to the Department of Public Welfare for
8 the fiscal year July 1, 2003, to June 30, 2004, to carry out the
9 provisions of this act.
10 Section 1102. Effective date.
11 This act shall take effect in 60 days.
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