PRINTER'S NO. 2782
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2371
Session of
2022
INTRODUCED BY MIHALEK, HILL-EVANS, SILVIS, M. MACKENZIE, RYAN
AND ZIMMERMAN, MARCH 8, 2022
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 8, 2022
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in common carriers, providing for
paratransit service.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2306. Paratransit service.
(a) Third-party presence required.--A third party shall be
present in the facility of a paratransit service provider when
the paratransit service provider is transporting a minor with a
physical disability, an intellectual disability or an autism
spectrum disorder.
(b) Permissible third parties.--The third party under
subsection (a) shall be one of the following:
(1) The parent or legal guardian of the minor.
(2) An agent of the county agency.
(3) A health care practitioner.
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(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agent of the county agency." Includes any of the following:
(1) A person or a representative of a person providing
child protective services or general protective services, as
those terms are defined in 23 Pa.C.S. § 6303 (relating to
definitions), to the minor directly or under contract or
agreement with the county agency.
(2) A staff member of any of the following:
(i) A public or private residential child-care
facility.
(ii) A public or private day-care center, group day-
care home or family day-care home.
(iii) A public or private social service agency.
(iv) A county detention center.
(3) An individual residing in the home of a parent or
legal guardian of the minor.
(4) A school employee of a facility or agency that is an
agent of a county agency.
"Autism spectrum disorder." As defined in 42 Pa.C.S. § 5992
(relating to definitions).
"County agency." The county children and youth social
service agency established under section 405 of the act of June
24, 1937 (P.L.2017, No.396), known as the County Institution
District Law, or its successor, and supervised by the department
under Article IX of the act of June 13, 1967 (P.L.31, No.21),
known as the Human Services Code.
"Department." The Department of Human Services of the
Commonwealth.
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"Health care practitioner." An individual who is authorized
to practice some component of the healing arts by license,
permit, certificate or registration issued by a Commonwealth
licensing agency or board.
"Intellectual disability." Significantly subaverage general
intellectual functioning of an individual that is accompanied by
significant limitations in at least two of the following skill
areas:
(1) Communication.
(2) Self-care.
(3) Home living.
(4) Social and interpersonal.
(5) Use of community resources.
(6) Self-direction.
(7) Functional academic.
(8) Work.
(9) Health and safety.
"Minor." An individual under 18 years of age.
"Paratransit service provider." A common carrier that
operates on a nonfixed-route basis to provide transportation
services to individuals who are functionally unable to use a
fixed-route public transportation service as required by the
Americans with Disabilities Act of 1990 (Public Law 101-336, 104
Stat. 327).
"Physical disability." As follows:
(1) A permanent or irreversible physical impairment,
whether congenital or acquired by accident, injury or
disease, that substantially limits one or more major life
activities of the individual.
(2) For purposes of paragraph (1), major life activities
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include, but are not limited to, caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending, speaking, breathing and
working.
Section 2. This act shall take effect in 60 days.
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