PRIOR PRINTER'S NOS. 269, 456, 1404 PRINTER'S NO. 1476
No. 259 Session of 1985
INTRODUCED BY REIBMAN, HELFRICK, ROCKS, ANDREZESKI, SHUMAKER,
ROSS, O'CONNELL, STAPLETON, O'PAKE AND SALVATORE,
JANUARY 28, 1985
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 22, 1985
AN ACT
1 Establishing and imposing powers and duties on the Office for
2 the Deaf and Hearing Impaired in the Department of Public <--
3 Welfare LABOR AND INDUSTRY; establishing and providing powers <--
4 and duties for the Advisory Council for the Deaf and Hearing
5 Impaired in the Department of Public Welfare LABOR AND <--
6 INDUSTRY; and making an appropriation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Office established.
10 (a) Office.--There is established within the Department of
11 Public Welfare LABOR AND INDUSTRY an Office for the Deaf and <--
12 Hearing Impaired.
13 (b) Director.--The Secretary of Public Welfare LABOR AND <--
14 INDUSTRY, on recommendation of the Advisory Council for the Deaf
15 and Hearing Impaired, shall appoint a qualified individual as
16 the Director of the Office for the Deaf and Hearing Impaired.
17 The director shall, in turn, appoint such other staff, with the
18 approval of the Secretary of Public Welfare LABOR AND INDUSTRY, <--
19 as necessary to carry out the functions of the office.
1 Section 2. Powers and duties of the office.
2 The Office for the Deaf and Hearing Impaired, with the advice
3 of the Advisory Council for the Deaf and Hearing Impaired, and
4 as directed by the Secretary of Public Welfare LABOR AND <--
5 INDUSTRY, shall:
6 (1) Promote, coordinate and facilitate accessibility to
7 all governmental services to deaf and hearing impaired
8 citizens in this Commonwealth, including those with multiple
9 disabilities.
10 (2) Identify and maintain a directory of agencies, both
11 public and private, which provide community services,
12 evaluate the extent to which they make services available to
13 deaf and hearing impaired people, and cooperate with the
14 agencies in coordinating and extending these services.
15 (3) Plan and direct the establishment of regional
16 service centers for the deaf and hearing impaired. and <--
17 directly supervise the activities of these centers.
18 (4) Provide for the mutual exchange of ideas and
19 information on services for deaf and hearing impaired people
20 among Federal, State and local governmental agencies and
21 private organizations.
22 (5) Collect, systematize and make available for other
23 agencies information in regard to deaf persons and other
24 persons of impaired hearing in this Commonwealth, including
25 their numbers and characteristics, such as the nature, causes
26 and severity of their hearing losses, their educational and
27 economic status and any other relevant information.
28 (6) Maintain a listing of persons qualified in various
29 types of interpreting for deaf and hearing impaired persons
30 and make this information available to local, State, Federal
19850S0259B1476 - 2 -
1 and private agencies.
2 (7) Promote the use by DETERMINE STANDARDS FOR AND <--
3 PROMOTE THE USE OF QUALIFIED INTERPRETERS FOR the deaf and
4 hearing impaired. of interpreters who meet national and State <--
5 certification requirements.
6 (8) Serve as an advocate for the rights of hearing
7 impaired people.
8 (8) ACT AS A SOURCE OF INFORMATION FOR THE DEAF AND <--
9 HEARING IMPAIRED TO STATE AGENCIES AND PUBLIC INSTITUTIONS
10 PROVIDING SERVICES TO THE DEAF AND HEARING IMPAIRED AND TO
11 LOCAL AGENCIES AND PROGRAMS.
12 (9) The Office for the Deaf and Hearing Impaired may
13 request and shall receive from any department, division,
14 board, bureau, commission or agency of the Commonwealth, or
15 of any political subdivision thereof, such assistance and
16 data as might be needed to enable it to properly carry out
17 its activities under this section.
18 Section 3. Establishment of regional service centers.
19 (a) Plan for regional services.--Within two years of the
20 effective date of this act, the Director of the Office for the
21 Deaf and Hearing Impaired shall, based on recommendations by the
22 Advisory Council for the Deaf and Hearing Impaired, develop a
23 plan for implementing regional services for the hearing impaired
24 in accordance with the guidelines expressed in this section.
25 (b) Purpose of regional offices.--The purpose of the
26 regional offices for the hearing impaired shall be to:
27 (1) Inform deaf and other hearing impaired persons and
28 their families of services offered locally and elsewhere and
29 to coordinate their referral to the appropriate public or
30 private agencies.
19850S0259B1476 - 3 -
1 (2) Coordinate communication between deaf and other
2 hearing impaired persons and the desired agencies or
3 organizations and to promote the accessibility of community
4 services to hearing impaired persons.
5 (3) Coordinate the provision of interpreting services to
6 hearing impaired persons, including funding of such services.
7 (4) Promote expanded adult educational opportunities for
8 hearing impaired persons.
9 (5) Coordinate the provision of instruction in sign
10 language to persons in community agencies.
11 (6) Inform interested staff of community and
12 professional organizations about the nature of deafness and
13 hearing impairments and the capabilities of deaf and other
14 hearing impaired persons.
15 (7) Provide services to families and employers of deaf
16 and other hearing impaired persons and to agencies which
17 provide services to the deaf and hearing impaired.
18 (8) Serve as an advocate for the rights and needs of
19 people with hearing impairments, including deaf and hearing
20 impaired persons having multiple disabilities (e.g., deaf-
21 blind).
22 (9) Provide services to deaf and hearing impaired
23 persons regardless of income, age or employability.
24 (10) Help deaf and hearing impaired citizens to become
25 self-sufficient in meeting their needs in the community.
26 Section 4. Advisory Council for the Deaf and Hearing Impaired.
27 (a) Council.--The Advisory Council for the Deaf and Hearing
28 Impaired, herein referred to as council, is created within the
29 Department of Public Welfare LABOR AND INDUSTRY and shall <--
30 consist of 15 members as follows: the Secretary of Public
19850S0259B1476 - 4 -
1 Welfare, the Secretary of Health, the Secretary of Education,
2 the Secretary of Labor and Industry, or their designees; the
3 Governor, or his designee; one member of the House of
4 Representatives to be appointed by the Speaker of the House; one
5 member of the Senate to be appointed by the President pro
6 tempore; and eight members of the public to be appointed by the
7 Governor.
8 (b) Members.--The eight appointed public members shall be
9 individuals selected from schools, organizations and non-State
10 agencies which render services to or represent persons having
11 hearing impairments. At least four of the public members shall
12 be deaf or hearing impaired and shall be recommended by
13 Statewide organizations for the deaf and hearing impaired.
14 Initially the Governor shall designate two of the public members
15 to serve one-year terms, two to serve two-year terms, two to
16 serve three-years terms and two to serve four-year terms.
17 Thereafter, all appointed members shall serve for four years.
18 The council members from State offices shall serve during their
19 tenure in office and shall remain on the council until such time
20 as a replacement is named and qualified. The legislative members
21 of the council shall serve two-year terms commencing with the
22 first Tuesday in January of odd-numbered years and may be
23 reappointed upon reelection to office. The initial legislative
24 members terms will expire the first Tuesday in January 1987.
25 (c) Vacancies.--Vacancies occurring other than by expiration
26 of a term of office shall be filled by the appropriate
27 appointing authority for the unexpired term of office.
28 (d) Compensation.--Members of the council shall serve
29 without compensation but shall be entitled to receive necessary
30 traveling and other expenses actually incurred in the
19850S0259B1476 - 5 -
1 performance of their duties. The council shall meet at the call
2 of the chairman but not less than four times a year.
3 (e) Election of officers.--The council shall biennially
4 elect, from its own members, a chairman and such other officers
5 it deems necessary. It shall make rules for its own government
6 not inconsistent with those of the Department of Public Welfare <--
7 LABOR AND INDUSTRY or other departments of the Commonwealth. <--
8 Section 5. Powers and duties of Advisory Council for the Deaf
9 and Hearing Impaired.
10 The Advisory Council for the Deaf and Hearing Impaired shall
11 have the following powers and duties:
12 (1) Make recommendations in accordance with such policy
13 and practice to the several executive and administrative
14 departments, boards and commissions of the Commonwealth and
15 to any public or private agencies therein which may be in any
16 way concerned with work with or for the deaf or hearing
17 impaired.
18 (2) Advocate services affecting hearing impaired
19 individuals in the areas of public services, job training and
20 placement, health care and educational opportunity.
21 (3) Act as a bureau of information for the deaf and
22 hearing impaired to State agencies and public institutions
23 providing services to the deaf and hearing impaired and to
24 local agencies and programs.
25 Section 6. Appropriation.
26 The sum of $150,000, or as much thereof as may be necessary,
27 is hereby appropriated to the Department of Public Welfare LABOR <--
28 AND INDUSTRY for the fiscal year July 1, 1985, to June 30, 1986,
29 for the purpose of implementing the provisions of this act. The
30 Office for the Deaf and Hearing Impaired shall be permitted to
19850S0259B1476 - 6 -
1 seek other funding to supplement this appropriation and shall
2 submit an annual budget as part of the annual budget of the
3 Department of Public Welfare LABOR AND INDUSTRY. <--
4 Section 7. Sunset.
5 The Advisory Council for the Deaf and Hearing Impaired shall
6 continue together with its statutory functions and duties until
7 December 31, 1991, when it shall terminate and go out of
8 existence unless reestablished or continued by the General
9 Assembly. The evaluation, review, termination, reestablishment
10 and continuation of the agency shall be conducted pursuant to
11 the provisions of the act of December 22, 1981 (P.L.508,
12 No.142), known as the Sunset Act.
13 Section 8. Effective date.
14 This act shall take effect in 90 days.
L7L67CHF/19850S0259B1476 - 7 -