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PRINTER'S NO. 708
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
547
Session of
2021
INTRODUCED BY D. MILLER, BENHAM, SCHLOSSBERG, SANCHEZ, LEE,
HILL-EVANS, HOWARD, SIMS, HANBIDGE, T. DAVIS, O'MARA, DEASY,
INNAMORATO, FRANKEL, HOHENSTEIN AND DELLOSO, MARCH 2, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 2, 2021
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," establishing the Department of Accessibility and
Inclusion; in administrative organization, further providing
for executive officers, administrative departments and
independent administrative boards and commissions, for
departmental administrative boards, commissions, and offices,
for department heads and for gubernatorial appointments;
providing for powers and duties of the Department of
Accessibility and Inclusion.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. Section 201(a) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
amended to read:
Section 201. Executive Officers, Administrative Departments
and Independent Administrative Boards and Commissions.--(a) The
executive and administrative work of this Commonwealth shall be
performed by the Executive Department, consisting of the
Governor, Lieutenant Governor, Secretary of the Commonwealth,
Attorney General, Auditor General, State Treasurer, and
Secretary of Education; by the Executive Board, and the
Pennsylvania State Police; by the following administrative
departments: Department of State, Office of Attorney General,
Department of Corrections, Department of the Auditor General,
Treasury Department, Department of Education, Department of
Military Affairs, Insurance Department, Department of Banking,
Department of Agriculture, Department of Transportation,
Department of Health, Department of Drug and Alcohol Programs,
Department of Accessibility and Inclusion, Department of Labor
and Industry, Department of Aging, Department of [Public
Welfare] Human Services, Department of General Services,
Department of Revenue, Department of Community and Economic
Development, Department of Environmental Protection and
Department of Conservation and Natural Resources; and by the
following independent administrative boards and commissions:
Pennsylvania Game Commission, Pennsylvania Fish and Boat
Commission, State Civil Service Commission, Pennsylvania Public
Utility Commission and the Pennsylvania Securities Commission.
* * *
Section 2. Section 202 of the act is amended by adding,
before the last paragraph, a clause to read:
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Section 202. Departmental Administrative Boards,
Commissions, and Offices.--The following boards, commissions,
and offices are hereby placed and made departmental
administrative boards, commissions, or offices, as the case may
be, in the respective administrative departments mentioned in
the preceding section, as follows:
* * *
In the Department of Accessibility and Inclusion,
Office of Vocational Rehabilitation, which may include
assistive technology services and committees, councils or
boards regarding the employment of individuals with a
disability, independent living, rehabilitation and vocational
rehabilitation,
Office of Developmental Programs, which may include
bureaus or councils regarding services for individuals with
autism, an intellectual disability or a developmental
disability and which may include services regarding home and
community based settings,
Office for the Deaf and Hard of Hearing, which may
include an advisory council,
Bureau of Blindness and Visual Services, which may
include an advisory committee for the blind and a committee
of blind vendors,
Bureau of Disability Determination, which may include an
advisory committee,
Bureau of Early Intervention Services,
Accessibility Advisory Board.
All of the foregoing departmental administrative boards and
commissions shall be organized or reorganized as provided in
this act.
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Section 3. Sections 206 and 207.1(d) of the act are amended
to read:
Section 206. Department Heads.--Each administrative
department shall have as its head an officer who shall, either
personally, by deputy, or by the duly authorized agent or
employe of the department, and subject at all times to the
provisions of this act, exercise the powers and perform the
duties by law vested in and imposed upon the department.
The following officers shall be the heads of the
administrative departments following their respective titles:
Secretary of the Commonwealth, of the Department of State;
Auditor General, of the Department of the Auditor General;
State Treasurer, of the Treasury Department;
Attorney General, of the Office of Attorney General;
Secretary of Education, of the Department of Education;
Adjutant General, of the Department of Military Affairs;
Insurance Commissioner, of the Insurance Department;
Secretary of Banking, of the Department of Banking;
Secretary of Agriculture, of the Department of Agriculture;
Secretary of Transportation, of the Department of
Transportation;
Secretary of Health, of the Department of Health;
Secretary of Drug and Alcohol Programs, of the
Department of Drug and Alcohol Programs;
Secretary of Accessibility and Inclusion, of the Department
of Accessibility and Inclusion;
Secretary of Labor and Industry, of the Department of Labor
and Industry;
Secretary of Aging, of the Department of Aging;
Secretary of [Public Welfare] Human Services, of the
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Department of [Public Welfare] Human Services;
Secretary of Revenue, of the Department of Revenue;
Secretary of Community and Economic Development, of the
Department of Community and Economic Development;
Secretary of Environmental Protection, of the Department of
Environmental Protection;
Secretary of Conservation and Natural Resources, of the
Department of Conservation and Natural Resources;
Secretary of General Services, of the Department of General
Services;
Secretary of Corrections, of the Department of Corrections.
Section 207.1. Gubernatorial Appointments.--* * *
(d) The Governor shall nominate in accordance with the
provisions of the Constitution of the Commonwealth of
Pennsylvania and, by and with the advice and consent of a
majority of the members elected to the Senate appoint persons to
fill the following positions:
(1) The Secretary of Education, the Secretary of the
Commonwealth, the Adjutant General, the Insurance Commissioner,
the Secretary of Banking, the Secretary of Agriculture, the
Secretary of Transportation, the Secretary of Health, the
Secretary of Drug and Alcohol Programs, the Secretary of
Accessibility and Inclusion, the Commissioner of the State
Police, the Secretary of Corrections, the Secretary of Labor and
Industry, the Secretary of Aging, the Secretary of [Public
Welfare] Human Services, the Secretary of General Services, the
Secretary of Revenue, the Secretary of Community and Economic
Development, the Secretary of Environmental Protection and the
Secretary of Conservation and Natural Resources.
* * *
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Section 4. The act is amended by adding an article to read:
ARTICLE XXIII-C
POWERS AND DUTIES OF THE DEPARTMENT OF ACCESSIBILITY AND
INCLUSION
Section 2301-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Accessibility and Inclusion
of the Commonwealth.
"Disability." An intellectual, developmental, sensory or
physical impairment, including any of the following:
(1) An intellectual disability or mental disability, as
the terms are defined in section 102 of the act of October
20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the Mental
Health and Intellectual Disability Act of 1966.
(2) Deafness, deaf-blindness, being hard of hearing or
hearing loss.
(3) Speech impairment.
(4) Blindness or visual impairment.
(5) Physical disability or limitation.
"Institution of higher education." Any of the following:
(1) A community college operating under Article XIX-A of
the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
(2) A university within the State System of Higher
Education under Article XX-A of the Public School Code of
1949.
(3) A State-related institution as defined in section
1502-A of the Public School Code of 1949.
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(4) Thaddeus Stevens College of Technology.
(5) An accredited private or independent college or
university.
"State plan." The State plan described in section 2302-C(2).
Section 2302-C. Powers and duties.
The department shall have the power and its duty shall be to:
(1) S erve as the principal advisor to the Governor on
the means and methods available to:
(i) Implement and fund support and services to
individuals with a disability in accordance with the
State plan.
(ii) Modify or consolidate support to individuals
with a disability.
(iii) Collaborate with the Federal Government and
regional and local governments throughout this
Commonwealth to enhance the effectiveness of the
provision and funding of support to individuals with a
disability.
(2) Develop and adopt a State plan for the developing,
maintaining, revising and enforcing Statewide disability
policies and standards throughout State government. The State
plan shall include provisions for:
(i) Collaboration with the Federal Government and
regional and local governments to enhance the
effectiveness of the provision and funding of support to
individuals with a disability, to avoid duplications and
inconsistencies in governmental efforts.
(ii) The e ncouragement of the formation of local
agencies and local coordinating councils and the
promotion of:
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(A) cooperation and coordination among the local
agencies and local coordinating councils; and
(B) communication of ideas and recommendations
from local agencies and local coordinating councils
to the department.
(iii) The development of model plans for programs
that directly address and meet the early intervention
educational, vocational, financial, accessibility,
community living and inclusion, transportation and health
needs of individuals with a disability for the purpose of
utilizing and implementing the concepts incorporated in
the State plan. The model plans shall:
(A) Be reviewed on a periodic basis but not less
than once each year.
(B) Be revised to keep them current.
(C) Specify how all types of community resources
and existing Federal and State legislation may be
utilized.
(iv) Assistance to and consultation with local
governments, public and private agencies, institutions
and organizations and individuals regarding the
treatment, management and care provided to individuals
with a disability, including the coordination of programs
among these persons.
( v) Cooperation with organized medicine to
disseminate evidence-based medical guidelines for the
health care administered to individuals with a
disability.
(vi) The coordination of research and scientific
study relating to the epidemiology, sociological impact,
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diagnosis, early intervention treatment and therapies and
healthcare standards related to disabilities.
(vii) The development of procedures regarding
confidential information in accordance with section 2303-
C.
(viii) The establishment of training and
professional licensure programs for professional and
nonprofessional personnel regarding disabilities,
including the encouragement of training programs by local
governments.
(ix) The development of a model curriculum,
including the provision of relevant data and other
information, for use by elementary and secondary schools,
institutions of higher education, parent-teachers
associations, adult education centers, private citizen
groups and other State and local entities, to instruct
students, parents, school faculty and the general public.
(x) The preparation of a broad variety of
informative and educational material regarding
disabilities for use in all media, to reach all segments
of the population, that can be utilized by public and
private agencies, institutions and organizations in
educational programs.
(xi) The recruitment, training, organization and
employment of professionals and other persons, including
individuals with a disability, to organize and
participate in programs of public education.
(xii) The development of standards for the approval
by the relevant State department or agency for a private
or public health care facility, including:
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(A) A State hospital or institution,
intermediate care facility, long-term care facility,
assisted living facility, public or private general
hospital or community mental health center.
(B) A contracting agency of the private or
public health care facility.
(xiii) The development of g rants and contracts for
the health and medical, educational, vocational,
accessibility and social supports available to
individuals with a disability. The following apply:
(A) A grant or contract may include assistance
to a local government or public and private agency,
institution or organization for prevention,
intervention, treatment, research, education or
training opportunities related to disabilities.
(B) A grant made or contract entered into by a
department or agency shall be pursuant to the
functions allocated to that department or agency by
the State plan.
(xiv) The preparation of general regulations for,
and operation of, programs supported with assistance.
(xv) The establishment of priorities for deciding
allocation of money from the department.
(xvi) The review of the administration and operation
of programs, including the effectiveness of programs in
meeting the purposes for which they are established and
operated.
(xvii) The issuance of annual reports of the
findings and recommendations of the department.
(xviii) The evaluation of programs and projects
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carried out by the department and the dissemination of
the results of the evaluation.
(xix) The establishment of advisory committees as
deemed necessary to assist the department in fulfilling
responsibilities under this article.
(3) Implement the State plan, coordinate efforts under
the State plan and ensure compliance with State plan.
(4) In accordance with the State plan, allocate the
responsibility for all services, programs and other efforts
provided for in the State plan among the appropriate
departments, agencies and other State personnel.
(5) Gather and publish statistics pertaining to
disabilities, specifying uniform statistics to be obtained,
records to be maintained and reports to be submitted by
public and private agencies, institutions and organizations,
practitioners and other persons regarding disabilities and
related conditions or concerns.
(6) Establish an information center, which shall attempt
to gather and maintain all available published and
unpublished data and information on the incidence and impact
of all disabilities. The following apply:
(i) Each Commonwealth department and agency shall
send to the department the data and information pertinent
to:
(A) The epidemiology, prevention, diagnosis and
medical care administered to individuals with a
disability.
(B) The financial, educational, vocational and
social support services available at the Federal and
State level that serve individuals with a disability.
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(ii) The department shall:
(A) Make the data and information widely
available.
(B) Update the data and information regularly
and at least on an annual basis.
(7) Require all appropriate State and local departments,
agencies, institutions and others engaged in implementing the
State plan to submit as often as necessary, but at least on
an annual basis, reports detailing the activities and effects
of the implementation of the State plan and recommending
appropriate amendments to the State plan. The department may
direct a performance audit of any activity conducted under
the State plan.
(8) Submit an annual report to the General Assembly,
which shall:
(i) Specify the actions taken, services provided and
money expended under the State plan.
(ii) Evaluate the effectiveness of the actions taken
and services provided under the State plan.
(iii) Contain the current State plan.
(9) Submit additional reports to the General Assembly as
requested by the General Assembly, which may include
recommendations to further the availability of data or
services provided to individuals with a disability.
(10) Make provision for facilities in each city,
borough, incorporated town, township, region or catchment
area, which shall provide to the department information about
the total Commonwealth disability programs and services.
(11) Promulgate rules and regulations necessary to carry
out the provisions of this article.
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Section 2303-C. Confidential information.
(a) Consent.--Information obtained through scientific
investigation or research conducted under this article shall not
be used in a manner that discloses the name or other identifying
information of an individual who is the subject of the
scientific investigation or research without the consent of the
individual and the department.
(b) Protection of information.--A person engaged in
scientific investigation or research conducted under this
article:
(1) Shall protect the privacy of an individual who is
the subject of the scientific investigation or research by
withholding from all persons not connected with the
scientific investigation or research the name or other
identifying information of the individual.
(2) Shall not be compelled in a State, civil, criminal,
administrative, legislative or other proceeding to identify
an individual who is the subject of the scientific
investigation or research.
Section 2304-C. Requirements for State plan.
(a) Annual review.--The department shall review the State
plan on an annual basis.
(b) Public hearing.-- In developing the State plan and prior
to any annual amendment of the State plan, the department shall
hold a public hearing at least 30 days prior to the adoption of
the initial State plan and any subsequent amendment, to afford
all interested persons an opportunity to present views either
orally or in writing.
(c) Consultation and collaboration.--The department shall
consult and collaborate with appropriate Federal, State and
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local departments, boards, agencies and governmental units, and
with appropriate public and private agencies, institutions and
organizations and other groups and entities in developing and
amending the State plan.
(d) Procedures.--The promulgation of the State plan shall
conform to the procedures under the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law.
Section 5. This act shall apply to the transfer of powers,
duties and functions, which relate to health, educational,
vocational and social services and programs regarding
disabilities, to the Department of Accessibility and Inclusion
established in this act, from the following:
(1) Within the Department of Human Services:
(i) Within the Office of Developmental Programs:
(A) The Bureau of Autism Services.
(B) The Bureau of Supports for People with
Intellectual Disabilities.
(C) The Developmental Disabilities Council.
(ii) The Office of Developmental Programs Home and
Community Based Settings Final Rule.
(iii) Within the Office of Child Development and
Early Intervention, the Bureau of Early Intervention
Services.
(2) Within the Department of Labor and Industry:
(i) The Bureau of Blindness and Visual Services,
including the Advisory Committee for the Blind and the
Committee of Blind Vendors.
(ii) The Bureau of Disability Determination,
including the Bureau of Disability Determination Advisory
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Committee.
(iii) The Accessibility Advisory Board of the Bureau
of Occupational and Industrial Safety.
(iv) The Office for the Deaf and Hard of Hearing,
including the Advisory Council for the Deaf and Hard of
Hearing.
(v) The Office of Vocational Rehabilitation,
including:
(A) Assistive Technology services.
(B) The Governor's Committee on the Employment
of People with Disabilities.
(C) The State Independent Living Council to the
Pennsylvania Office of Vocational Rehabilitation.
(D) The State Rehabilitation Council.
(E) The State Board of Vocational
Rehabilitation.
Section 6. All appropriations, personnel, allocations,
equipment, files, records, contracts, agreements, obligations
and other materials that are used, employed or expended in
connection with the powers, duties and functions of the
governmental entities specified in section 5 of this act are
transferred to the Department of Accessibility and Inclusion
established in this act with the same force and effect as if:
(1) The appropriations had been made to the Department
of Accessibility and Inclusion in the first instance.
(2) The personnel, allocations, equipment, files,
records and other materials had been the property of or had
otherwise been part of the Department of Accessibility and
Inclusion in the first instance.
(3) The contracts, agreements and obligations had been
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incurred or entered into by the Department of Accessibility
and Inclusion.
Section 7. The items specified in section 6 of this act that
are transferred to the Department of Accessibility and Inclusion
under this act shall include Federal grants and money and other
benefits from Federal programs.
Section 8. All personnel transferred under this act shall
retain any civil service employment status assigned to the
personnel.
Section 9. All positions in the Department of Accessibility
and Inclusion shall be deemed to be "classified service" as
defined in 71 Pa.C.S. ยง 2103, and the provisions and benefits of
71 Pa.C.S. Pt. III shall be applicable to the employees of, and
positions in, the Department of Accessibility and Inclusion.
Section 10. All orders, permits, regulations, decisions and
other actions of the governmental entities specified in section
5 of this act shall remain in full force and effect until
modified, repealed, superseded in or otherwise changed by
appropriate action of the Department of Accessibility and
Inclusion.
Section 11. All acts and parts of acts are repealed insofar
as they are inconsistent with this act.
Section 12. Notwithstanding any other provision of this act,
the Governor's Cabinet for People with Disabilities and the
Governor's Advisory Committee for People with Disabilities,
established by Executive Order 2006-09, issued by the Governor
on November 21, 2006, shall be recognized as the advisory
committee to the Department of Accessibility and Inclusion.
Section 13. This act shall take effect in one year.
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