PRINTER'S NO.  1975

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1594

Session of

2009

  

  

INTRODUCED BY MAHER, DeWEESE, 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 AND YOUNGBLOOD, JUNE 2, 2009

  

  

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, JUNE 2, 2009  

  

  

  

AN ACT

  

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Relating to the delivery of services and programs to persons

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with disabilities; conferring powers and duties on the Office

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of the Governor; and creating the Office for People with

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Disabilities and Advisory Committee for People with

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Disabilities; and providing for its powers, duties and

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funding.

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TABLE OF CONTENTS

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Chapter 1.  Preliminary Provisions

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Section 101.  Short title.

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Section 102.  Legislative policy and declaration.

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Section 103.  Definitions.

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Chapter 3.  Office for People with Disabilities

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Section 301.  Creation of office.

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Section 302.  Powers and duties of office.

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Section 303.  Power to contract.

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Chapter 5.  Advisory Committee for People with Disabilities

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Section 501.  Creation of committee.

 


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Section 502.  Membership.

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Section 503.  Powers and duties of advisory committee.

3

Chapter 21.  Miscellaneous Provisions

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Section 2101.  Funding.

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Section 2102.  Effective date.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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CHAPTER 1

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PRELIMINARY PROVISIONS

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Section 101.  Short title.

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

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People with Disabilities Act.

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Section 102.  Legislative policy and declaration.

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The General Assembly finds and declares as follows:

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(1)  Persons with disabilities and their families and

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guardians should have access to a full range of services and

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programs, including equal access to all services and programs

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provided for persons without disabilities, as well as

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individualized and specialized services that meet the unique

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needs of persons without discrimination.

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(2)  Persons with disabilities and their families and

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guardians are often underserved. They have often been denied

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access to individualized and specialized services available

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to the community at large and have been denied services

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necessary to their health, well-being, independence and

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advancement.

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

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the community live in institutions at State expense due to

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inadequate funding for community support services. The result

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

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(4)  Persons with disabilities and their families and

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guardians should have the opportunity to choose and direct

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the services and programs provided to them, and the community

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of persons with disabilities should direct the development

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and operation of the delivery system.

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(5)  Increased availability of community support services

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and programs will enable persons with disabilities and their

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families and guardians to be more independent and productive,

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to remain in their homes and communities and to more fully

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exercise their rights and responsibilities as citizens.

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(6)  Services and programs provided by the Commonwealth

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to persons with disabilities and their families and guardians

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should be provided in a manner that promotes independent

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living, enables people to obtain and maintain employment and

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supports people in their homes and communities.

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

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needed to advise and assist the Governor and the General

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Assembly in developing policies addressing the concerns of

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persons with disabilities and their families and guardians.

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(8)  Access to the office will enable people with

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disabilities and their families and guardians to have their

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concerns and issues addressed.

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Section 103.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Advisory committee."  The Advisory Committee for People With

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Disabilities created in section 501.

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

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

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to maintain power and authority over decisions affecting the

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provision of services, programs and community activities.

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"Disability services."  Services and programs provided to

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persons with disabilities or their families or guardians to

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enhance the ability of adults or children with disabilities to

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live or work independently and to pursue their rights and

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responsibilities as citizens.

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"Functional limitations."  Limitations that affect one or

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more of the following activities of daily living:

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(1)  Mobility.

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(2)  Communication.

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(3)  Self-care.

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(4)  Work.

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(5)  Recreation.

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(6)  Independent living.

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(7)  Learning.

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(8)  Self-direction.

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

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"Office."  The Office for People with Disabilities created

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under section 301.

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

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severe chronic condition resulting in substantial functional

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limitation that is attributable to psychological, cognitive,

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developmental, physical or sensory impairment or a combination

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of psychological, cognitive, developmental, physical or sensory

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impairment and is likely to continue indefinitely.

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CHAPTER 3

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OFFICE FOR PEOPLE WITH DISABILITIES

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Section 301.  Creation of office.

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The Office for People with Disabilities is hereby created

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within the Office of the Governor. The office shall be

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administered by the Office of the Governor.

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Section 302.  Powers and duties of office.

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

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(1)  Assure that all citizens of this Commonwealth who

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have disabilities and their families and guardians have

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access to adequate and coordinated quality services and

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programs.

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(2)  Identify gaps in disability services and programs

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and funding shortages in collaboration with the advisory

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committee and report this information annually to the

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Governor and to the General Assembly.

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

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of disability services and programs and access to generic

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services and programs.

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(4)  Plan for Statewide improvements in services and

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programs for persons with disabilities and their families and

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guardians.

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

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this act, and enforce all program requirements and

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regulations necessary and appropriate for the proper

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accomplishment of the duties imposed by this act. Development

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of program requirements and regulations shall be accomplished

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in collaboration with the advisory committee.

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

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of this section.

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Section 303.  Power to contract.

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The office may contract with Statewide disability-related

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organizations to carry out the provisions of this act, provided

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the contracts place contract activities under the direction and

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control of consumers with disabilities.

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CHAPTER 5

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ADVISORY COMMITTEE FOR PEOPLE WITH DISABILITIES

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Section 501.  Creation of committee.

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The Advisory Committee for People with Disabilities is hereby

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created within the Office for People with Disabilities and shall

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serve in an advisory capacity to the office in matters regarding

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persons with disabilities in this Commonwealth. The advisory 

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committee shall be administered by the Office for People with

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Disabilities.

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Section 502.  Membership.

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

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

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position:

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(1)  Secretary of Public Welfare.

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(2)  Secretary of Labor and Industry.

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(3)  Secretary of Health.

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(4)  Secretary of Education.

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(5)  Secretary of Transportation.

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(6)  Secretary of the Budget.

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(7)  Secretary of Aging.

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(8)  Secretary of Policy and Planning.

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(9)  Adjutant General.

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(10)  Secretary of the Commonwealth.

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

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(12)  Chairperson of the Pennsylvania Human Relations

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Commission.

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(13)  Executive Director of the Pennsylvania Housing

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Finance Agency.

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(14)  Executive Director of the Pennsylvania

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Developmental Disabilities Planning Council.

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(15)  Executive Director of the Office for People with

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Disabilities.

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

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Care Council.

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

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nongovernmental members to be appointed by the Governor as

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follows:

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(1)  The Governor shall appoint persons with

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disabilities, including individuals from existing stakeholder

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groups, in such number as the Governor deems appropriate.

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

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with disabilities or family members of persons with

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disabilities.

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(3)  Advisory committee members shall be selected based

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upon an evaluation of information received through formal

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application.

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(c)  Voting.--

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

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hold voting privileges on any matter brought up for

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consideration by the committee.

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

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hold voting privileges on all matters brought up for

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consideration by the committee.

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(d)  Terms.--

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

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be concurrent with their holding of public office.

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

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

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interest of the membership class for which they were

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appointed and shall serve until their successors are

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appointed.

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

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nongovernmental member of the committee to serve as chairperson

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of the advisory committee.

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

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receive no payment for their services. Members who are not

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employees of State government shall be reimbursed for expenses

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incurred in the course of their official duties and in

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accordance with the Rehabilitation Act of 1973 (Public Law

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93-112, 29 U.S.C. § 701 et seq.).

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Section 503.  Powers and duties of advisory committee.

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

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power and its duties shall be to:

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(1)  Make recommendations to the Governor on policies,

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procedures, regulations and legislation that aid persons with

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disabilities in Pennsylvania.

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

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disabilities on policies, procedures, regulations and

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legislation that affect persons with disabilities in order to

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ensure that State government is accessible, accountable and

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responsive to persons with disabilities.

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

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and agencies under the Governor's jurisdiction to ensure that

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these government entities are cognizant of the needs of

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persons with disabilities and their respective services and

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programs are accessible to those individuals.

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

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Governor's jurisdiction to monitor the hiring, retention and

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promotion practices of the Commonwealth relating to the

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employment of people with disabilities in order to ensure

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that there are no discriminatory practices within the

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Commonwealth.

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

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in planning for services and programs for persons with

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disabilities and their families.

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

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and issue reports upon request and as it deems necessary on

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issues affecting persons with disabilities in Pennsylvania.

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

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committee from establishing ad hoc workgroups or local

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committees to assist in research and other duties necessary to

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carry out the mission of the office.

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CHAPTER 21

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MISCELLANEOUS PROVISIONS

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Section 2101.  Funding.

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The Office of the Governor shall use Federal funds where

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possible for the administration of the Office for People with

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Disabilities and the Advisory Committee for People with

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Disabilities and shall expend Federal funds, on appropriation by

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the General Assembly, prior to expending any State

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appropriations for the same or similar purpose. The Office of

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the Governor shall utilize any available private funds to carry

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out the provisions of this act.

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Section 2102.  Effective date.

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This act shall take effect in 60 days.

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