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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TARTAGLIONE, WASHINGTON, FONTANA, ERICKSON, RAFFERTY, KITCHEN, BREWSTER AND COSTA, JANUARY 24, 2011 |
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| REFERRED TO STATE GOVERNMENT, JANUARY 24, 2011 |
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| AN ACT |
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1 | Relating to the delivery of services and programs to persons |
2 | with disabilities; conferring powers and duties on the Office |
3 | of the Governor; establishing the Office for People with |
4 | Disabilities and Advisory Committee for People with |
5 | Disabilities; and providing for their powers, duties and |
6 | funding. |
7 | TABLE OF CONTENTS |
8 | Chapter 1. Preliminary Provisions |
9 | Section 101. Short title. |
10 | Section 102. Legislative policy and declaration. |
11 | Section 103. Definitions. |
12 | Chapter 3. Office for People with Disabilities |
13 | Section 301. Establishment. |
14 | Section 302. Powers and duties of office. |
15 | Section 303. Power to contract. |
16 | Chapter 5. Advisory Committee for People with Disabilities |
17 | Section 501. Establishment. |
18 | Section 502. Membership. |
19 | Section 503. Powers and duties of advisory committee. |
20 | Chapter 7. Miscellaneous Provisions |
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1 | Section 701. Funding. |
2 | Section 702. Effective date. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | CHAPTER 1 |
6 | PRELIMINARY PROVISIONS |
7 | Section 101. Short title. |
8 | This act shall be known and may be cited as the Office for |
9 | People with Disabilities Act. |
10 | Section 102. Legislative policy and declaration. |
11 | The General Assembly finds and declares as follows: |
12 | (1) Persons with disabilities and their families and |
13 | guardians should have access to a full range of services and |
14 | programs, including equal access to all services and programs |
15 | provided for persons without disabilities, as well as |
16 | individualized and specialized services that meet the unique |
17 | needs of persons without discrimination. |
18 | (2) Persons with disabilities and their families and |
19 | guardians are often underserved. They have often been denied |
20 | access to individualized and specialized services available |
21 | to the community at large and have been denied services |
22 | necessary to their health, well-being, independence and |
23 | advancement. |
24 | (3) Persons with disabilities who could live and work in |
25 | the community live in institutions at State expense due to |
26 | inadequate funding for community support services. The result |
27 | is a loss both to these individuals and to this Commonwealth. |
28 | (4) Persons with disabilities and their families and |
29 | guardians should have the opportunity to choose and direct |
30 | the services and programs provided to them, and the community |
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1 | of persons with disabilities should direct the development |
2 | and operation of the delivery system. |
3 | (5) Increased availability of community support services |
4 | and programs will enable persons with disabilities and their |
5 | families and guardians to be more independent and productive, |
6 | to remain in their homes and communities and to more fully |
7 | exercise their rights and responsibilities as citizens. |
8 | (6) Services and programs provided by the Commonwealth |
9 | to persons with disabilities and their families and guardians |
10 | should be provided in a manner that promotes independent |
11 | living, enables people to obtain and maintain employment and |
12 | supports people in their homes and communities. |
13 | (7) A State-level office and advisory committee is |
14 | needed to advise and assist the Governor and the General |
15 | Assembly in developing policies addressing the concerns of |
16 | persons with disabilities and their families and guardians. |
17 | (8) Access to the office will enable people with |
18 | disabilities and their families and guardians to have their |
19 | concerns and issues addressed. |
20 | Section 103. Definitions. |
21 | The following words and phrases when used in this act shall |
22 | have the meanings given to them in this section unless the |
23 | context clearly indicates otherwise: |
24 | "Advisory committee." The Advisory Committee for People With |
25 | Disabilities established by this act. |
26 | "Consumer control." The right of a person with a disability |
27 | or an individual acting on behalf of a person with a disability |
28 | to maintain power and authority over decisions affecting the |
29 | provision of services, programs and community activities. |
30 | "Disability services." Services and programs provided to |
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1 | persons with disabilities or their families or guardians to |
2 | enhance the ability of adults or children with disabilities to |
3 | live or work independently and to pursue their rights and |
4 | responsibilities as citizens. |
5 | "Functional limitations." Limitations that affect one or |
6 | more of the following activities of daily living: |
7 | (1) Mobility. |
8 | (2) Communication. |
9 | (3) Self-care. |
10 | (4) Work. |
11 | (5) Recreation. |
12 | (6) Independent living. |
13 | (7) Learning. |
14 | (8) Self-direction. |
15 | "Long-term." Likely to be of extended or lifelong duration. |
16 | "Office." The Office for People with Disabilities |
17 | established by this act. |
18 | "Person with a disability." A child or adult who has a |
19 | severe chronic condition resulting in substantial functional |
20 | limitation that is attributable to psychological, cognitive, |
21 | developmental, physical or sensory impairment or a combination |
22 | of psychological, cognitive, developmental, physical or sensory |
23 | impairment and is likely to continue indefinitely. |
24 | CHAPTER 3 |
25 | OFFICE FOR PEOPLE WITH DISABILITIES |
26 | Section 301. Establishment. |
27 | The Office for People with Disabilities is established within |
28 | the Office of the Governor. The office shall be administered by |
29 | the Office of the Governor. |
30 | Section 302. Powers and duties of office. |
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1 | The office shall: |
2 | (1) Assure that all citizens of this Commonwealth who |
3 | have disabilities and their families and guardians have |
4 | access to adequate and coordinated quality services and |
5 | programs. |
6 | (2) Establish interagency agreements and working |
7 | relationships with other governmental bodies and public and |
8 | private agencies to: |
9 | (i) Assure access to the full range of available |
10 | services and programs for persons with disabilities and |
11 | their families and guardians. |
12 | (ii) Advocate for consumer control. |
13 | (iii) Coordinate the delivery of nonduplicative |
14 | disability services and programs to persons with |
15 | disabilities and their families and guardians. |
16 | (3) Identify gaps in disability services and programs |
17 | and funding shortages in collaboration with the advisory |
18 | committee and report this information annually to the |
19 | Governor and to the General Assembly. |
20 | (4) Act as a system advocate to expand the availability |
21 | of disability services and programs and access to generic |
22 | services and programs. |
23 | (5) Plan for Statewide improvements in services and |
24 | programs for persons with disabilities and their families and |
25 | guardians. |
26 | (6) Develop, within one year of the effective date of |
27 | this act, and enforce all program requirements and |
28 | regulations necessary and appropriate for the proper |
29 | accomplishment of the duties imposed by this act. Development |
30 | of program requirements and regulations shall be accomplished |
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1 | in collaboration with the advisory committee. |
2 | (7) Employ an executive director to carry out the duties |
3 | of this section. |
4 | Section 303. Power to contract. |
5 | The office may contract with Statewide disability-related |
6 | organizations to carry out the provisions of this act, provided |
7 | the contracts place contract activities under the direction and |
8 | control of consumers with disabilities. |
9 | CHAPTER 5 |
10 | ADVISORY COMMITTEE FOR PEOPLE WITH DISABILITIES |
11 | Section 501. Establishment. |
12 | The Advisory Committee for People with Disabilities is |
13 | established within the Office for People with Disabilities and |
14 | shall serve in an advisory capacity to the office in matters |
15 | regarding persons with disabilities in this Commonwealth. The |
16 | advisory committee shall be administered by the Office for |
17 | People with Disabilities. |
18 | Section 502. Membership. |
19 | (a) Public official members.--The committee shall consist of |
20 | the following members, who shall serve by virtue of their public |
21 | position: |
22 | (1) Secretary of Public Welfare. |
23 | (2) Secretary of Labor and Industry. |
24 | (3) Secretary of Health. |
25 | (4) Secretary of Education. |
26 | (5) Secretary of Transportation. |
27 | (6) Secretary of the Budget. |
28 | (7) Secretary of Aging. |
29 | (8) Secretary of Policy and Planning. |
30 | (9) Adjutant General. |
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1 | (10) Secretary of the Commonwealth. |
2 | (11) Director of the Office of Health Care Reform. |
3 | (12) Chairperson of the Pennsylvania Human Relations |
4 | Commission. |
5 | (13) Executive Director of the Pennsylvania Housing |
6 | Finance Agency. |
7 | (14) Executive Director of the Pennsylvania |
8 | Developmental Disabilities Planning Council. |
9 | (15) Executive Director of the Office for People with |
10 | Disabilities. |
11 | (16) Executive Director of Intra-Governmental Long-Term |
12 | Care Council. |
13 | (b) Nongovernmental members.--The committee shall consist of |
14 | nongovernmental members to be appointed by the Governor as |
15 | follows: |
16 | (1) The Governor shall appoint persons with |
17 | disabilities, including individuals from existing stakeholder |
18 | groups, in such number as the Governor deems appropriate. |
19 | (2) At a minimum, 60% of these members shall be persons |
20 | with disabilities or family members of persons with |
21 | disabilities. |
22 | (3) Advisory committee members shall be selected based |
23 | upon an evaluation of information received through formal |
24 | application. |
25 | (c) Voting.-- |
26 | (1) The members appointed under subsection (a) shall not |
27 | hold voting privileges on any matter brought up for |
28 | consideration by the committee. |
29 | (2) The members appointed under subsection (b) shall |
30 | hold voting privileges on all matters brought up for |
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1 | consideration by the committee. |
2 | (d) Terms.-- |
3 | (1) The terms of the members under subsection (a) shall |
4 | be concurrent with their holding of public office. |
5 | (2) Members appointed under subsection (b) shall serve |
6 | at the pleasure of the Governor as long as they represent the |
7 | interest of the membership class for which they were |
8 | appointed and shall serve until their successors are |
9 | appointed. |
10 | (e) Chairperson.--The Governor shall appoint a |
11 | nongovernmental member of the committee to serve as chairperson |
12 | of the advisory committee. |
13 | (f) Expenses of members.--Members of the committee shall |
14 | receive no compensation for their services. Members who are not |
15 | employees of State government shall be reimbursed for expenses |
16 | incurred in the course of their official duties and in |
17 | accordance with the Rehabilitation Act of 1973 (Public Law |
18 | 93-112, 29 U.S.C. § 701 et seq.). |
19 | Section 503. Powers and duties of advisory committee. |
20 | (a) General rule.--The advisory committee shall: |
21 | (1) Make recommendations to the Governor on policies, |
22 | procedures, regulations and legislation that aid persons with |
23 | disabilities in Pennsylvania. |
24 | (2) Serve as the Governor's liaison to persons with |
25 | disabilities on policies procedures, regulations and |
26 | legislation that affect persons with disabilities in order to |
27 | ensure that State government is accessible, accountable and |
28 | responsive to persons with disabilities. |
29 | (3) Serve as a resource to all departments, commissions |
30 | and agencies under the Governor's jurisdiction to ensure that |
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1 | these government entities are cognizant of the needs of |
2 | persons with disabilities and their respective services and |
3 | programs are accessible to those individuals. |
4 | (4) Work with the Governor and the agencies under the |
5 | Governor's jurisdiction to monitor the hiring, retention and |
6 | promotion practices of the Commonwealth relating to the |
7 | employment of people with disabilities in order to ensure |
8 | that there are no discriminatory practices within the |
9 | Commonwealth. |
10 | (5) Perform such other duties as the Governor may assign |
11 | in planning for services and programs for persons with |
12 | disabilities and their families. |
13 | (b) Studies and reports.--The committee may conduct studies |
14 | and issue reports upon request and as it deems necessary on |
15 | issues affecting persons with disabilities in Pennsylvania. |
16 | (c) Construction.--Nothing in this section shall be |
17 | construed to prevent the committee from establishing ad hoc work |
18 | groups or local committees to assist in research and other |
19 | duties necessary to carry out the mission of the office. |
20 | CHAPTER 7 |
21 | MISCELLANEOUS PROVISIONS |
22 | Section 701. Funding. |
23 | The Office of the Governor shall use Federal funds where |
24 | possible for the administration of the Office for People with |
25 | Disabilities and the Advisory Committee for People with |
26 | Disabilities and shall expend Federal funds, on appropriation by |
27 | the General Assembly, prior to expending any State |
28 | appropriations for the same or similar purpose. The Office of |
29 | the Governor shall utilize any available private funds to carry |
30 | out the provisions of this act. |
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1 | Section 702. Effective date. |
2 | This act shall take effect in 60 days. |
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