PRINTER'S NO. 407
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
367
Session of
2021
INTRODUCED BY TARTAGLIONE, STREET, GORDNER, SANTARSIERO,
BREWSTER, COSTA, SCHWANK, KANE, HUGHES AND MUTH,
MARCH 12, 2021
REFERRED TO STATE GOVERNMENT, MARCH 12, 2021
AN ACT
Relating to the delivery of services and programs to individuals
with disabilities; conferring powers and duties on the Office
of the Governor; establishing the Office for Individuals with
Disabilities and the Advisory Committee for Individuals with
Disabilities; and providing for the powers and duties of the
office and the committee and for funding of the office and
the committee.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Legislative policy and declaration.
Section 103. Definitions.
Chapter 3. Office for Individuals with Disabilities
Section 301. Establishment.
Section 302. Powers and duties of office.
Section 303. Power to contract.
Chapter 5. Advisory Committee for Individuals with Disabilities
Section 501. Establishment.
Section 502. Membership.
Section 503. Powers and duties of advisory committee.
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Chapter 7. Miscellaneous Provisions
Section 701. Funding.
Section 702. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Office for
Individuals with Disabilities Act.
Section 102. Legislative policy and declaration.
The General Assembly finds and declares as follows:
(1) An individual with disability and the individual's
family and guardians should have access to a full range of
services and programs, including equal access to all services
and programs provided for those without disabilities, as well
as individualized and specialized services that meet the
unique needs of individuals without discrimination.
(2) An individual with disability and the individual's
family and guardians are often underserved. They have often
been denied access to individualized and specialized services
available to the community at large and have been denied
services necessary to their health, well-being, independence
and advancement.
(3) An individual with disability who could live and
work in the community lives in institutions at State expense
due to inadequate funding for community support services. The
result is a loss both to the individuals and to this
Commonwealth.
(4) An individual with disability and the individual's
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family and guardians should have the opportunity to choose
and direct the services and programs provided to them, and
the community of individuals with disabilities should direct
the development and operation of the delivery system.
(5) Increased availability of community support services
and programs will enable individuals with disabilities and
the individuals' family and guardians to be more independent
and productive, to remain in their homes and communities and
to more fully exercise their rights and responsibilities as
citizens.
(6) Services and programs provided by the Commonwealth
to individuals with disabilities and the individuals' family
and guardians should be provided in a manner that promotes
independent living, enables individuals to obtain and
maintain employment and supports individuals in their homes
and communities.
(7) A State-level office and advisory committee is
needed to advise and assist the Governor and the General
Assembly in developing policies addressing the concerns of
individuals with disabilities and the individuals' family and
guardians.
(8) Access to the office will enable individuals with
disabilities and the individuals' family and guardians to
have their concerns and issues addressed.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Advisory Committee for Individuals with
Disabilities established under this act.
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"Consumer control." The right of an individual with
disability or an individual acting on behalf of an individual
with disability to maintain power and authority over decisions
affecting the provision of services, programs and community
activities.
"Disability services." Services and programs provided to
individuals with disabilities or the individuals' family or
guardians to enhance the ability of adults or children with
disabilities to live or work independently and to pursue their
rights and responsibilities as citizens.
"Functional limitation." A limitation that affects one or
more of the following activities of daily living:
(1) Mobility.
(2) Communication.
(3) Self-care.
(4) Work.
(5) Recreation.
(6) Independent living.
(7) Learning.
(8) Self-direction.
"Individual with disability." A child or adult who has a
severe chronic condition resulting in substantial functional
limitation that is attributable to psychological, cognitive,
developmental, physical or sensory impairment or a combination
of psychological, cognitive, developmental, physical or sensory
impairment and is likely to continue long-term.
"Long-term." Likely to be of extended or lifelong duration.
"Office." The Office for Individuals with Disabilities
established under this act.
CHAPTER 3
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OFFICE FOR INDIVIDUALS WITH DISABILITIES
Section 301. Establishment.
The Office for Individuals with Disabilities is established
within the Office of the Governor. The office shall be
administered by the Office of the Governor.
Section 302. Powers and duties of office.
(a) Duties.--The office shall have all of the following
powers and duties:
(1) Ensure that an individual with disability in this
Commonwealth and the individual's family and guardians have
access to adequate and coordinated quality services and
programs.
(2) Establish interagency agreements and working
relationships with other governmental bodies and public and
private agencies to:
(i) Ensure access to the full range of available
services and programs for an individual with disability
and the individual's family and guardians.
(ii) Advocate for consumer control.
(iii) Coordinate the delivery of nonduplicative
disability services and programs to an individual with
disability and the individual's family and guardians.
(3) Identify gaps in disability services and programs
and funding shortages in collaboration with the committee and
report this information annually to the Governor and to the
General Assembly.
(4) Act as a system advocate to expand the availability
of disability services and programs and access to generic
services and programs.
(5) Plan for Statewide improvements in services and
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programs for an individual with disability and the
individual's family and guardians.
(6) Develop and enforce, within one year of the
effective date of this section, regulations necessary and
appropriate to satisfy the duties imposed under this act.
Development of program requirements and regulations shall be
accomplished in collaboration with the committee.
(7) Employ an executive director to carry out the duties
of this section.
Section 303. Power to contract.
The office may contract with Statewide disability-related
organizations to carry out the provisions of this act. The
contracts must place contract activities under the direction and
control of consumers with disabilities.
CHAPTER 5
ADVISORY COMMITTEE FOR INDIVIDUALS WITH DISABILITIES
Section 501. Establishment.
The Advisory Committee for Individuals with Disabilities is
established within the Office for Individuals with Disabilities
and shall serve in an advisory capacity to the office in matters
regarding individuals with disabilities in this Commonwealth.
The committee shall be administered by the Office for
Individuals with Disabilities.
Section 502. Membership.
(a) Public official members.--The committee shall consist of
the following members, who shall serve by virtue of their public
position:
(1) Secretary of Human Services.
(2) Secretary of Labor and Industry.
(3) Secretary of Health.
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(4) Secretary of Education.
(5) Secretary of Transportation.
(6) Secretary of the Budget.
(7) Secretary of Aging.
(8) Secretary of Policy and Planning.
(9) Adjutant General.
(10) Secretary of the Commonwealth.
(11) Director of the Office of Health Care Reform.
(12) Chairperson of the Pennsylvania Human Relations
Commission.
(13) Executive Director of the Pennsylvania Housing
Finance Agency.
(14) Executive Director of the Pennsylvania
Developmental Disabilities Planning Council.
(15) Executive Director of the Office for Individuals
with Disabilities.
(16) Executive Director of the Intra-Governmental
Council on Long-Term Care.
(b) Nongovernmental members.--The committee shall consist of
nongovernmental members to be appointed by the Governor as
follows:
(1) The Governor shall appoint individuals with
disabilities, including individuals from existing stakeholder
groups, in such number as the Governor deems appropriate.
(2) At a minimum, 60% of nongovernmental members shall
be individuals with disability or family members of
individuals with disabilities.
(3) Committee members shall be selected based upon an
evaluation of information received through formal
application.
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(c) Voting.--
(1) The members appointed under subsection (a) may not
vote on matters brought up for consideration by the
committee.
(2) The members appointed under subsection (b) shall
hold voting privileges on all matters brought up for
consideration by the committee.
(d) Terms.--
(1) The terms of the members under subsection (a) shall
be concurrent with the members' holding of public office.
(2) A member appointed under subsection (b) shall serve
at the pleasure of the Governor as long as the member
represents the interest of the membership class for which the
member was appointed and shall serve until their successor is
appointed.
(e) Chairperson.--The Governor shall appoint a
nongovernmental member of the committee to serve as chairperson
of the committee.
(f) Expenses of members.--A member of the committee may not
receive compensation for their service. A member who is not an
employee of State government shall be reimbursed for expenses
incurred in the course of their official duties and in
accordance with the Rehabilitation Act of 1973 (Public Law 93-
112, 29 U.S.C. ยง 701 et seq.).
Section 503. Powers and duties of committee.
(a) General rule.--The committee shall have all of the
following powers and duties:
(1) Make recommendations to the Governor on policies,
procedures, regulations and legislation that aid individuals
with disabilities in this Commonwealth.
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(2) Serve as the Governor's liaison to individuals with
disabilities on policies, procedures, regulations and
legislation that affect individuals with disabilities in
order to ensure that State government is accessible,
accountable and responsive to individuals with disabilities.
(3) Serve as a resource to all departments, commissions
and agencies under the Governor's jurisdiction to ensure that
government entities are cognizant of the needs of individuals
with disabilities and that government entities' respective
services and programs are accessible to those individuals.
(4) Work with the Governor and the agencies under the
Governor's jurisdiction to monitor the hiring, retention and
promotion practices of the Commonwealth relating to the
employment of individuals with disabilities in order to
ensure that there are no discriminatory practices within the
Commonwealth.
(5) Perform other duties as the Governor may assign in
planning for services and programs for individuals with
disabilities and the individual's family and guardian.
(b) Studies and reports.--The committee may conduct studies
and issue reports upon request and as the committee deems
necessary on issues affecting individuals with disabilities in
this Commonwealth.
(c) Construction.--Nothing in this section may be construed
to prevent the committee from establishing ad hoc work groups or
local boards to assist in research and other duties necessary to
carry out the mission of the office.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. Funding.
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The Office of the Governor shall use Federal funds where
possible for the administration of the office and the committee
and shall expend Federal funds on appropriation by the General
Assembly prior to expending any State appropriations for the
same or similar purpose. The Office of the Governor shall
utilize any available private funds to carry out the provisions
of this act.
Section 702. Effective date.
This act shall take effect in 60 days.
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