PRINTER'S NO. 4266
No. 2791 Session of 2006
INTRODUCED BY THOMAS, SCAVELLO, DeWEESE, FLICK, BOYD, BEBKO-
JONES, BELARDI, BLACKWELL, CALTAGIRONE, COHEN, DALEY,
FICHTER, GABIG, GEORGE, GOOD, GOODMAN, GRUCELA, HARHAI,
JAMES, JOSEPHS, KIRKLAND, LEACH, LEDERER, MANN, McILHATTAN,
PALLONE, PARKER, READSHAW, ROEBUCK, SIPTROTH, SOLOBAY, TIGUE,
WALKO, WANSACZ, WATERS, WILLIAMS, WOJNAROSKI, WRIGHT AND
YOUNGBLOOD, JUNE 19, 2006
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 19, 2006
AN ACT
1 Establishing the Employment and Rehabilitation Commission for
2 the Blind and Visually Impaired and providing for its powers
3 and duties; providing for the delivery of comprehensive
4 educational and rehabilitative services to blind and visually
5 impaired persons of all ages within this Commonwealth;
6 establishing the Business Enterprise Program and the
7 Employment Fund for the Blind; transferring certain
8 functions; and making a repeal of provisions in the
9 Administrative Code of 1929 relating to services for the
10 blind and visually impaired.
11 TABLE OF CONTENTS
12 Section 1. Short title.
13 Section 2. Definitions.
14 Section 3. Employment and Rehabilitation Commission for the
15 Blind and Visually Impaired.
16 Section 4. Meetings.
17 Section 5. Compensation.
18 Section 6. Human resources.
19 Section 7. Persons eligible to receive services.
1 Section 8. Powers and duties of commission.
2 Section 9. Business Enterprise Program.
3 Section 10. Federal and State funds.
4 Section 11. Gifts, contributions and bequests.
5 Section 12. Agency duties transferred.
6 Section 13. Repeals.
7 Section 14. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Employment
12 and Rehabilitation Commission for the Blind and Visually
13 Impaired Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Commission." The Employment and Rehabilitation Commission
19 for the Blind and Visually Impaired established under section 3.
20 "Legally blind." A visual acuity not greater than 20/200 in
21 the better eye with best correction or a visual field that
22 subtends an angle of 20 degrees or less.
23 "Visually impaired." A visual acuity not greater than 20/70
24 in the better eye with best correction or a field loss of 50% or
25 more or a prognosis of significantly deteriorating vision.
26 Section 3. Employment and Rehabilitation Commission for the
27 Blind and Visually Impaired.
28 (a) Establishment.--
29 (1) The Employment and Rehabilitation Commission for the
30 Blind and Visually Impaired is hereby established. The
20060H2791B4266 - 2 -
1 commission shall consist of the following members to be
2 appointed by the Governor, with the approval of the Senate,
3 at least four of whom must be legally blind:
4 (i) A representative from business and industry.
5 (ii) A representative from the National Federation
6 of the Blind of Pennsylvania.
7 (iii) The parent of a blind child.
8 (iv) A representative of the Pennsylvania
9 Association for the Blind.
10 (v) A representative of the Pennsylvania Council of
11 the Blind.
12 (vi) A representative at large who is blind.
13 (vii) A representative of the senior blind.
14 (2) The commission shall report directly to the
15 Governor, and shall not be combined with any other
16 Commonwealth department, office, bureau or other governmental
17 entity.
18 (3) No person appointed to this commission shall serve
19 on it while serving as a paid employee of any workshop,
20 school or agency whose stated purpose and function is service
21 to the blind.
22 (4) No person who is an employee of an organization
23 whose primary source of income is generated from a contract
24 with the Commonwealth for services for the blind may serve on
25 the commission.
26 (b) Terms.--
27 (1) The terms of the commissioners shall be for three
28 years, and no commissioner shall serve more than two
29 consecutive three-year terms. After the completion of two
30 consecutive three-year terms, a commissioner may be
20060H2791B4266 - 3 -
1 reappointed to the commission after one year of nonservice.
2 (2) Within 60 days after the date of enactment of this
3 act, the Governor shall appoint two commissioners for one-
4 year terms, three commissioners for two-year terms and two
5 commissioners for three-year terms.
6 (3) Only those commissioners appointed for one-year
7 terms are eligible to serve two additional, consecutive
8 three-year terms before the required year of nonservice.
9 (c) Governance.--A majority of the commission constitutes a
10 quorum for the transaction of business. The commissioners shall
11 annually elect a chairperson and a secretary from its
12 membership.
13 Section 4. Meetings.
14 (a) Quarterly meetings.--The commission shall meet quarterly
15 during the months of March, June, September and December.
16 Special meetings may be called, when needed, by the chairman of
17 the commission or by joint resolution of any three
18 commissioners.
19 (b) Location.--
20 (1) Quarterly meetings shall be held in different
21 sections of this Commonwealth, with provisions made for blind
22 and visually impaired people of the area, agencies and
23 professional organizations for the blind to present ideas and
24 information to the commission.
25 (2) The commission shall notify organizations of the
26 blind, agencies for the blind and other interested persons at
27 least 30 days before such meetings.
28 (3) The commission shall hold at least one meeting each
29 year in the State Capitol.
30 Section 5. Compensation.
20060H2791B4266 - 4 -
1 Commissioners shall receive a per diem for each day spent in
2 the performance of their official duties and shall be reimbursed
3 for all of the actual and necessary expenses incurred in the
4 performance of their official duties in accordance with
5 applicable law and regulations governing State agencies and
6 their employees under the jurisdiction of the Executive Board.
7 Aside from the provisions of this subsection, a commissioner
8 shall not receive other compensation, perquisites or allowances
9 for the performance of official duties.
10 Section 6. Human resources.
11 (a) Authorization.--
12 (1) The commission shall employ a full-time director who
13 shall be administrator of the commission and who shall
14 oversee its allotments, programs, personnel and day-to-day
15 operations.
16 (2) The director shall employ such persons as are
17 necessary for the effective and efficient operation of the
18 commission.
19 (3) The director and all employees of the commission are
20 included within the State personnel system. The director
21 shall be exempt from the State Civil Service System.
22 (4) All other employees shall be included in the State
23 Civil Service System. Primary consideration in hiring of
24 employees shall be given to qualified persons who are blind,
25 visually impaired or disabled.
26 (b) Transfers.--
27 (1) Employees of the Bureau of Blindness and Visual
28 Services in the Department of Labor and Industry and other
29 persons who now spend a majority of their time providing
30 services to people who are blind or visually impaired shall
20060H2791B4266 - 5 -
1 be transferred to the commission without impairment of civil
2 service, retirement, seniority or other rights, and their
3 terms of service shall not be deemed to be interrupted.
4 (2) All employees currently represented by collective
5 bargaining agreements or memoranda of agreement shall be
6 transferred to the commission without loss of pay, seniority,
7 benefits or any other attribute of the current position.
8 (3) The commission shall establish adequate and proper
9 appeal and grievance procedures for staff.
10 Section 7. Persons eligible to receive services.
11 (a) General rule.--Persons who are blind or visually
12 impaired whose visual impairment or blindness constitutes a
13 significant impediment to the attainment of gainful employment,
14 an appropriate education, comprehensive independent living
15 skills or community integration may receive services from the
16 commission. The commission may require an ophthalmologic
17 examination in order to determine an individual's eligibility
18 for services.
19 (b) Primary service provider.--For persons with multiple
20 disabilities, the commission shall be the primary service
21 provider when blindness is the primary disability, or when
22 blindness is not the primary disability but constitutes a
23 significant impediment to employment, education, comprehensive
24 independent living skills development or community integration.
25 (c) Deteriorating conditions resulting in blindness.--
26 Persons who are not blind may also qualify for blindness-related
27 services if they have been certified by a licensed
28 ophthalmologist or optometrist as experiencing a deteriorating
29 condition that is expected to result in blindness.
30 (d) Older persons.--Persons who are blind or visually
20060H2791B4266 - 6 -
1 impaired and more than 55 years of age but who are not seeking
2 employment may also be declared eligible if they require
3 services in order to regain or attain the ability to live
4 independently.
5 (e) Children.--Children who are blind or visually impaired
6 shall also be eligible for State-funded services and programs
7 provided by the commission.
8 (f) Procedures for complaints relating to services.--The
9 commission shall develop and maintain procedures guaranteeing an
10 opportunity for a fair hearing to any person applying for or
11 receiving services who is dissatisfied with any action or
12 failure to act arising from the operation or administration of
13 any service or program authorized under this act.
14 Section 8. Powers and duties of commission.
15 The commission shall have the following powers and duties:
16 (1) Serve as the coordinating agency for the
17 establishment and maintenance of partnerships and
18 collaborative relationships to facilitate the optimum
19 education through primary, secondary and postsecondary
20 training, employment, self-sufficiency and economic and
21 social independence of persons who are blind and visually
22 impaired in this Commonwealth.
23 (2) Provide any and all services authorized under the
24 Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. §
25 701 et seq.) to individuals within this Commonwealth who are
26 blind and visually impaired, including individuals with
27 multiple disabilities for whom blindness constitutes a
28 substantial impediment to employment, education,
29 comprehensive independent living skills or community
30 integration.
20060H2791B4266 - 7 -
1 (3) Serve as the designated state unit for the provision
2 of vocational rehabilitation services to persons who are
3 blind or visually impaired in this Commonwealth, pursuant to
4 section 101(a)(2)(A) and (B) of the Rehabilitation Act of
5 1973.
6 (4) Vigorously pursue the maximization of competitive
7 employment opportunities for persons who are blind or
8 visually impaired.
9 (5) Provide itinerant training to eligible individuals
10 in the alternative skills of blindness, including, but not
11 limited to, Braille, use of the long white cane for
12 independent travel, adaptive technology, cooking, home
13 management and lifestyle maintenance.
14 (6) Provide independent living services to older
15 individuals who are blind in accordance with Title VII,
16 Chapter 2 of the Rehabilitation Act of 1973.
17 (7) Provide for the delivery of State-funded specialized
18 services to individuals who are blind or visually impaired
19 and their families.
20 (8) Provide services to children who are blind or
21 visually impaired, educators and parents, including, but not
22 limited to, itinerant skill instruction, guidance and
23 counseling, intensive summer training programs, career
24 exploration, mentoring and prevocational programs.
25 (9) Provide information and referral services to all
26 persons who are blind or visually impaired in this
27 Commonwealth and to other agencies, public and private,
28 seeking information for the benefit of persons who are blind.
29 (10) Directly provide for the delivery of prevention of
30 blindness services throughout this Commonwealth.
20060H2791B4266 - 8 -
1 (11) Serve as the State licensing agency for the
2 Business Enterprise Program, consistent with the Randolph
3 Sheppard Act (49 Stat. 1559, 20 U.S.C. § 107 et seq.) and
4 section 2234 of the act of April 9, 1929 (P.L.177, No.175),
5 known as The Administrative Code of 1929, and further provide
6 for and maintain an effective business enterprise program,
7 including developing additional business and training
8 opportunities for licensed blind operators.
9 Section 9. Business Enterprise Program.
10 (a) Establishment.--The Business Enterprise Program is
11 established. The commission shall be the State licensing agency
12 for purposes of the program.
13 (b) Employment Fund for the Blind.--The Employment Fund for
14 the Blind is hereby established within the State Treasury. The
15 assets in the fund shall be used for the operation and
16 administration of the program. All of the assets existing in the
17 fund and all of the assets contained in the ??? Fund shall be
18 transferred to the commission upon the effective date of this
19 section.
20 Section 10. Federal and State funds.
21 (a) Designated recipient.--
22 (1) The commission shall be the designated recipient for
23 all Federal and State funds relating to the provision of
24 services and programs operating within this Commonwealth for
25 the benefit of persons who are blind or visually impaired.
26 (2) The commission shall actively apply for, receive and
27 administer money from any Federal or State agency to be used
28 for purposes relating to blindness or necessary to implement
29 and carry out the programs of the commission.
30 (b) Funding requirements.--As the designated State unit for
20060H2791B4266 - 9 -
1 individuals who are blind or visually impaired, the commission
2 shall receive all Federal and State funding concomitant with
3 that designation as follows:
4 (1) In State fiscal year 2006, the commission shall
5 receive 11% of all Federal and State funds designated for the
6 provision of vocational rehabilitation services, including
7 supported employment services, in this Commonwealth.
8 (2) The percentage of Federal and State funds allotted
9 to the commission shall increase by 1% in each subsequent
10 State fiscal year until the commission's funding allotment
11 reaches the current national average for blindness agencies
12 of 15% in State fiscal year 2010.
13 (3) Beginning in State fiscal year 2011, the commission
14 will receive an allotment of Federal and State funds equal to
15 the national average received by designated State units
16 providing vocational rehabilitation services to individuals
17 who are blind or visually impaired.
18 (4) The remaining allotment of Federal and State funds
19 designated for the Bureau of Blindness and Visual Services
20 for the Federal and State fiscal years in progress shall be
21 transferred to the commission from the Department of Labor
22 and Industry and the Office of Vocational Rehabilitation,
23 upon the effective date of this section.
24 (5) The commission shall receive all State
25 appropriations for the provision of specialized services
26 programs and prevention of blindness services provided under
27 this act. All funds received by the Department of Labor and
28 Industry for the provision of specialized services and
29 prevention of blindness services shall be transferred to the
30 commission upon the effective date of this section and shall
20060H2791B4266 - 10 -
1 be allocated directly to the commission annually thereafter.
2 Section 11. Gifts, contributions and bequests.
3 The commission may accept and use gifts, contributions and
4 bequests made in accordance with the provisions of this act. Any
5 gifts shall be held, invested and reinvested, and the principal
6 and interest may be used in accordance with the conditions of
7 each gift. Funds under this section may be expended under the
8 order or approval of the commission without specific
9 appropriation. The commission shall not solicit gifts,
10 contributions or bequests by the general public.
11 Section 12. Agency duties transferred.
12 (a) Functions.--The functions of the Department of Labor and
13 Industry and the Office of Vocational Rehabilitation relating to
14 the blind and visually impaired are hereby abolished within the
15 Department of Labor and Industry and accordingly transferred to
16 the commission under this act.
17 (b) Personnel and appropriations.--All personnel,
18 allocations, appropriations, equipment, files, records,
19 contracts, agreements, obligations and other materials which are
20 used, employed or expended in connection with the powers, duties
21 or functions transferred by this act to the commission are
22 hereby transferred to the commission with the same force and
23 effect as if the appropriations had been made to and the items
24 had been the property of the commission in the first instance
25 and as if the contracts, agreements and obligations had been
26 incurred or entered into by the commission.
27 (c) Additional provisions.--The personnel, appropriations,
28 equipment and other items and materials transferred by this
29 section shall include an equivalent portion of the general
30 administrative, overhead and supporting personnel,
20060H2791B4266 - 11 -
1 appropriations, equipment and other materials of the Department
2 of Labor and Industry and the Office of Vocational
3 Rehabilitation and shall also include, where applicable, Federal
4 grants and funds and other benefits from any Federal program.
5 (d) Regulations and orders.--All orders, permits,
6 regulations, decisions and other actions of any department,
7 board or commission abolished by this act or of any agency whose
8 functions have been transferred by this act shall remain in full
9 force and effect until modified, repealed, suspended, superseded
10 or otherwise changed by appropriate action of the commission.
11 Section 13. Repeals.
12 (1) The General Assembly declares that the repeal under
13 paragraph (2) is necessary to effectuate this act.
14 (2) Subarticle (b) of Article XXII of the act of April
15 9, 1929 (P.L.177, No.175), known as The Administrative Code
16 of 1929, is repealed.
17 Section 14. Effective date.
18 This act shall take effect in 60 days.
E5L71DMS/20060H2791B4266 - 12 -