AN ACT

 

1Relating to the delivery of services and programs to persons
2with disabilities; conferring powers and duties on the Office
3of the Governor; establishing the Office for People with
4Disabilities and Advisory Committee for People with
5Disabilities; and providing for their powers, duties and
6funding.

7TABLE OF CONTENTS

8Chapter 1.  Preliminary Provisions

9Section 101.  Short title.

10Section 102.  Legislative policy and declaration.

11Section 103.  Definitions.

12Chapter 3.  Office for People with Disabilities

13Section 301.  Establishment.

14Section 302.  Powers and duties of office.

15Section 303.  Power to contract.

16Chapter 5.  Advisory Committee for People with Disabilities

17Section 501.  Establishment.

18Section 502.  Membership.

19Section 503.  Powers and duties of advisory committee.

1Chapter 7.  Miscellaneous Provisions

2Section 701.  Funding.

3Section 702.  Effective date.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6CHAPTER 1

7PRELIMINARY PROVISIONS

8Section 101.  Short title.

9This act shall be known and may be cited as the Office for
10People with Disabilities Act.

11Section 102.  Legislative policy and declaration.

12The General Assembly finds and declares as follows:

13(1)  Persons with disabilities and their families and
14guardians should have access to a full range of services and
15programs, including equal access to all services and programs
16provided for persons without disabilities, as well as
17individualized and specialized services that meet the unique
18needs of persons without discrimination.

19(2)  Persons with disabilities and their families and
20guardians are often underserved. They have often been denied
21access to individualized and specialized services available
22to the community at large and have been denied services
23necessary to their health, well-being, independence and
24advancement.

25(3)  Persons with disabilities who could live and work in
26the community live in institutions at State expense due to
27inadequate funding for community support services. The result
28is a loss both to these individuals and to this Commonwealth.

29(4)  Persons with disabilities and their families and
30guardians should have the opportunity to choose and direct

1the services and programs provided to them, and the community
2of persons with disabilities should direct the development
3and operation of the delivery system.

4(5)  Increased availability of community support services
5and programs will enable persons with disabilities and their
6families and guardians to be more independent and productive,
7to remain in their homes and communities and to more fully
8exercise their rights and responsibilities as citizens.

9(6)  Services and programs provided by the Commonwealth
10to persons with disabilities and their families and guardians
11should be provided in a manner that promotes independent
12living, enables people to obtain and maintain employment and
13supports people in their homes and communities.

14(7)  A State-level office and advisory committee is
15needed to advise and assist the Governor and the General
16Assembly in developing policies addressing the concerns of
17persons with disabilities and their families and guardians.

18(8)  Access to the office will enable people with
19disabilities and their families and guardians to have their
20concerns and issues addressed.

21Section 103.  Definitions.

22The following words and phrases when used in this act shall
23have the meanings given to them in this section unless the
24context clearly indicates otherwise:

25"Advisory committee."  The Advisory Committee for People With 
26Disabilities established by this act.

27"Consumer control."  The right of a person with a disability 
28or an individual acting on behalf of a person with a disability 
29to maintain power and authority over decisions affecting the 
30provision of services, programs and community activities.

1"Disability services."  Services and programs provided to 
2persons with disabilities or their families or guardians to 
3enhance the ability of adults or children with disabilities to 
4live or work independently and to pursue their rights and 
5responsibilities as citizens.

6"Functional limitations."  Limitations that affect one or 
7more of the following activities of daily living:

8(1)  Mobility.

9(2)  Communication.

10(3)  Self-care.

11(4)  Work.

12(5)  Recreation.

13(6)  Independent living.

14(7)  Learning.

15(8)  Self-direction.

16"Long-term."  Likely to be of extended or lifelong duration.

17"Office."  The Office for People with Disabilities 
18established by this act.

19"Person with a disability."  A child or adult who has a 
20severe chronic condition resulting in substantial functional 
21limitation that is attributable to psychological, cognitive, 
22developmental, physical or sensory impairment or a combination 
23of psychological, cognitive, developmental, physical or sensory 
24impairment and is likely to continue indefinitely.

25CHAPTER 3

26OFFICE FOR PEOPLE WITH DISABILITIES

27Section 301.  Establishment.

28The Office for People with Disabilities is established within
29the Office of the Governor. The office shall be administered by
30the Office of the Governor.

1Section 302.  Powers and duties of office.

2The office shall:

3(1)  Assure that all citizens of this Commonwealth who
4have disabilities and their families and guardians have
5access to adequate and coordinated quality services and
6programs.

7(2)  Establish interagency agreements and working
8relationships with other governmental bodies and public and
9private agencies to:

10(i)  Assure access to the full range of available
11services and programs for persons with disabilities and
12their families and guardians.

13(ii)  Advocate for consumer control.

14(iii)  Coordinate the delivery of nonduplicative
15disability services and programs to persons with
16disabilities and their families and guardians.

17(3)  Identify gaps in disability services and programs
18and funding shortages in collaboration with the advisory
19committee and report this information annually to the
20Governor and to the General Assembly.

21(4)  Act as a system advocate to expand the availability
22of disability services and programs and access to generic
23services and programs.

24(5)  Plan for Statewide improvements in services and
25programs for persons with disabilities and their families and
26guardians.

27(6)  Develop, within one year of the effective date of
28this act, and enforce all program requirements and
29regulations necessary and appropriate for the proper
30accomplishment of the duties imposed by this act. Development

1of program requirements and regulations shall be accomplished
2in collaboration with the advisory committee.

3(7)  Employ an executive director to carry out the duties
4of this section.

5Section 303.  Power to contract.

6The office may contract with Statewide disability-related
7organizations to carry out the provisions of this act, provided
8the contracts place contract activities under the direction and
9control of consumers with disabilities.

10CHAPTER 5

11ADVISORY COMMITTEE FOR PEOPLE WITH DISABILITIES

12Section 501.  Establishment.

13The Advisory Committee for People with Disabilities is
14established within the Office for People with Disabilities and
15shall serve in an advisory capacity to the office in matters
16regarding persons with disabilities in this Commonwealth. The
17advisory committee shall be administered by the Office for
18People with Disabilities.

19Section 502.  Membership.

20(a)  Public official members.--The committee shall consist of
21the following members, who shall serve by virtue of their public
22position:

23(1)  Secretary of Public Welfare.

24(2)  Secretary of Labor and Industry.

25(3)  Secretary of Health.

26(4)  Secretary of Education.

27(5)  Secretary of Transportation.

28(6)  Secretary of the Budget.

29(7)  Secretary of Aging.

30(8)  Secretary of Policy and Planning.

1(9)  Adjutant General.

2(10)  Secretary of the Commonwealth.

3(11)  Director of the Office of Health Care Reform.

4(12)  Chairperson of the Pennsylvania Human Relations
5Commission.

6(13)  Executive Director of the Pennsylvania Housing
7Finance Agency.

8(14)  Executive Director of the Pennsylvania
9Developmental Disabilities Planning Council.

10(15)  Executive Director of the Office for People with
11Disabilities.

12(16)  Executive Director of Intra-Governmental Long-Term
13Care Council.

14(b)  Nongovernmental members.--The committee shall consist of
15nongovernmental members to be appointed by the Governor as
16follows:

17(1)  The Governor shall appoint persons with
18disabilities, including individuals from existing stakeholder
19groups, in such number as the Governor deems appropriate.

20(2)  At a minimum, 60% of these members shall be persons
21with disabilities or family members of persons with
22disabilities.

23(3)  Advisory committee members shall be selected based
24upon an evaluation of information received through formal
25application.

26(c)  Voting.--

27(1)  The members appointed under subsection (a) shall not
28hold voting privileges on any matter brought up for
29consideration by the committee.

30(2)  The members appointed under subsection (b) shall

1hold voting privileges on all matters brought up for
2consideration by the committee.

3(d)  Terms.--

4(1)  The terms of the members under subsection (a) shall
5be concurrent with their holding of public office.

6(2)  Members appointed under subsection (b) shall serve
7at the pleasure of the Governor as long as they represent the
8interest of the membership class for which they were
9appointed and shall serve until their successors are
10appointed.

11(e)  Chairperson.--The Governor shall appoint a
12nongovernmental member of the committee to serve as chairperson
13of the advisory committee.

14(f)  Expenses of members.--Members of the committee shall 
15receive no compensation for their services. Members who are not 
16employees of State government shall be reimbursed for expenses 
17incurred in the course of their official duties and in 
18accordance with the Rehabilitation Act of 1973 (Public Law 93-
19112, 29 U.S.C. § 701 et seq.).

20Section 503.  Powers and duties of advisory committee.

21(a)  General rule.--The advisory committee shall:

22(1)  Make recommendations to the Governor on policies,
23procedures, regulations and legislation that aid persons with
24disabilities in Pennsylvania.

25(2)  Serve as the Governor's liaison to persons with
26disabilities on policies procedures, regulations and
27legislation that affect persons with disabilities in order to
28ensure that State government is accessible, accountable and
29responsive to persons with disabilities.

30(3)  Serve as a resource to all departments, commissions

1and agencies under the Governor's jurisdiction to ensure that
2these government entities are cognizant of the needs of
3persons with disabilities and their respective services and
4programs are accessible to those individuals.

5(4)  Work with the Governor and the agencies under the
6Governor's jurisdiction to monitor the hiring, retention and
7promotion practices of the Commonwealth relating to the
8employment of people with disabilities in order to ensure
9that there are no discriminatory practices within the
10Commonwealth.

11(5)  Perform such other duties as the Governor may assign
12in planning for services and programs for persons with
13disabilities and their families.

14(b)  Studies and reports.--The committee may conduct studies
15and issue reports upon request and as it deems necessary on
16issues affecting persons with disabilities in Pennsylvania.

17(c)  Construction.--Nothing in this section shall be
18construed to prevent the committee from establishing ad hoc work
19groups or local committees to assist in research and other
20duties necessary to carry out the mission of the office.

21CHAPTER 7

22MISCELLANEOUS PROVISIONS

23Section 701.  Funding.

24The Office of the Governor shall use Federal funds where
25possible for the administration of the Office for People with
26Disabilities and the Advisory Committee for People with
27Disabilities and shall expend Federal funds, on appropriation by
28the General Assembly, prior to expending any State
29appropriations for the same or similar purpose. The Office of
30the Governor shall utilize any available private funds to carry

1out the provisions of this act.

2Section 702.  Effective date.

3This act shall take effect in 60 days.