PRINTER'S NO. 3046
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2139
Session of
2019
INTRODUCED BY D. MILLER, MURT, HILL-EVANS, KINSEY, SCHLOSSBERG,
McNEILL, BOBACK, GROVE, YOUNGBLOOD, DEASY AND KAUFER,
DECEMBER 17, 2019
REFERRED TO COMMITTEE ON HUMAN SERVICES, DECEMBER 17, 2019
AN ACT
Amending the act December 12, 1994 (P.L.1023, No.139), entitled
"An act establishing the Statewide Independent Living
Council; providing for the powers and duties of the council;
providing for a State plan for the provision of services to
people with disabilities; providing for grants and funding
for establishment of centers for independent living; and
requiring centers for independent living to maintain certain
standards and give certain assurances in order to qualify for
assistance," further providing for legislative findings and
declarations, for definitions, for Statewide Independent
Living Council, for powers and duties, for State plan, for
grants and funding and for compliance with standards;
repealing provisions relating to assurances of centers for
independent living; further providing for allocation of funds
by designated State agency; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(3) and (4) of the act of December 12,
1994 (P.L.1023, No.139), known as the Independent Living
Services Act, are amended to read:
Section 2. Legislative findings and declarations.
The General Assembly finds and declares as follows:
* * *
(3) The Rehabilitation Act of 1973 [(Public Law 93-112,
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29 U.S.C. § 701 et seq.), as amended,] provides for the
establishment and operation of a Statewide Independent Living
Council to [oversee the provision of independent living
services funded by the Federal Government.] review, monitor
and evaluate the implementation of the State plan.
(4) There are an estimated [830,000] 2,000,000 residents
of this Commonwealth with disabilities who will benefit
directly or indirectly from the services provided by State-
supported centers for independent living.
* * *
Section 2. The definitions of "center for independent
living," "consumer-control," "council," "designated State
agency," "independent living core services" and "independent
living services" in section 3 of the act are amended and the
section is amended by adding a definition to read:
Section 3. 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:
* * *
"Center for independent living." A private, nonprofit
[agency] nonresidential organization in which at least 51% of
the principal governing board, management and staff are
individuals with disabilities and that:
(1) is designed and operated within a local community by
individuals [with] across all disabilities;
(2) provides an array of independent living services and
programs; [and]
(3) assists individuals with a wide variety of disabling
conditions[.]; and
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(4) promotes the philosophy of independent living,
including, but not limited to, consumer control, peer
support, self-help, self-determination, equal access and
individual and system advocacy:
(i) to maximize the leadership, empowerment,
independence and productivity of individuals with
disabilities;
(ii) to integrate and fully include individuals with
disabilities into the mainstream of society; and
(iii) by providing financial assistance within this
Commonwealth to:
(A) provide, expand and improve independent
living services;
(B) develop and support a Statewide network of
centers for independent living; and
(C) improve working relationships among State
independent living rehabilitation service programs,
centers for independent living, supporting
independent living cooperatives, State vocational
rehabilitation programs and State agencies that
affect the quality of life of individuals with
disabilities.
"Consumer-control." A condition under which power and
authority are vested in individuals with disabilities and, when
applied to a center for independent living, means that [at least
51% of the principal governing board, management and staff are
individuals with disabilities.]:
(1) at least 51% of the principal governing board are
individuals with disabilities;
(2) at least 51% of management are individuals with
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disabilities; and
(3) at least 51% of other staff are individuals with
disabilities.
"Council." The Statewide Independent Living Council
established by this act, which shall be the same council
established under Title VII of the Rehabilitation Act of 1973.
"Designated State [agency] entity." The [agency] entity
designated by the [Governor] State plan to administer programs
funded under Title VII of the Rehabilitation Act of 1973
[(Public Law 93-112, 29 U.S.C. § 701 et seq.), as amended].
* * *
"Independent living core services." The term includes all of
the following:
(1) Information and referral services.
(2) Independent living skills training.
(3) Peer counseling.
(4) Individual and systems advocacy.
(5) Transition services, which include empowering
individuals with disabilities to transition into community
life.
"Independent living services." The term includes:
(1) independent living core services; and
(2) other services and assistance which may include, but
are not limited to:
(i) counseling services, including psychological,
psychotherapeutic and related services;
(ii) services related to securing housing or
shelter;
(iii) assistive technology;
(iv) interpreter and reader services;
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(v) personal assistance services, including
attendant care and the training of personnel providing
personal assistance services;
(vi) surveys, directories and other activities to
identify appropriate housing, recreation opportunities,
accessible transportation and other support services;
(vii) services and technical assistance related to
the implementation of the Americans with Disabilities Act
of 1990 (Public Law 101-336, 104 Stat. 327), as amended,
and other related Federal and State laws;
(viii) activities supporting, assisting or
maintaining life in the community;
(ix) transportation, including referral for and
assistance with transportation;
(x) individual and group community integration
activities;
(xi) training to develop skills which promote self-
awareness and esteem, develop advocacy and self-
empowerment skills and explore career options;
(xii) appropriate preventive services to decrease
the needs of individuals assisted under this act for
services in the future;
(xiii) community awareness programs to enhance the
understanding and integration into society of individuals
with disabilities;
(xiv) communicating the programmatic needs and civil
rights of persons with disabilities to State and local
planners responsible for community services; [and]
(xv) emergency planning;
(xvi) youth transition services;
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(xvii) employment mentoring;
(xviii) financial and benefit guidance;
(xix) attendant training;
(xx) accommodations advocacy; and
(xxi) such other services, not inconsistent with the
provisions of this act, as may be necessary.
* * *
"State plan." The State Plan for Independent Living
developed under section 7.
Section 3. Sections 5 and 6 of the act are amended to read:
Section 5. Statewide Independent Living Council.
(a) Council established.--There shall be established a
Statewide Independent Living Council, which shall be the same
council established under Title VII of the Rehabilitation Act of
1973 and described in Federal law as the Statewide Council on
Independent Living. The council shall be independent of State
agencies, shall adopt bylaws governing its operations and shall
meet at least quarterly.
(b) Manner of appointment of members.--Members of the
council shall [be appointed] apply to the council, which shall
review the names and qualifications of the applicants and
advance the names to be considered for appointment by the
Governor. The Governor shall select members from recommendations
of representatives of organizations [with] that have governing
boards in which at least 51% are persons with disabilities[.]
and that do not work for the Commonwealth or a center for
independent living. Employees from centers for independent
living may only be appointed if their center for independent
living director or other staff is not already on the council.
The board shall be representative of a broad range of
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individuals with disabilities[. The council shall be composed of
members appointed to provide Statewide representation, represent
a broad range of disabilities] and ensure knowledge about
centers for independent living and services and programs
provided. At least one member of the council must be the
executive director of a center for independent living who is
elected by the other directors of centers for independent living
and presented to the Governor for formal appointment as a
member.
(c) Members.--
(1) The council shall include a majority of individuals
with disabilities who are not State employees and [at least
50% of the directors of the centers for independent living
within this Commonwealth chosen by the directors of centers
for independent living in this Commonwealth.] who do not work
for a center for independent living.
(2) The ex officio, nonvoting members shall consist of a
representative from the designated State [agency] entity and
representatives from other State agencies that provide
services for individuals with disabilities.
(3) [In addition to the members provided for in]
Consistent with paragraphs (1) and (2), the Governor may
appoint additional members who may be:
(i) other representatives from centers for
independent living;
(ii) parents and guardians of individuals with
disabilities;
(iii) representatives of advocacy organizations;
(iv) representatives from private businesses;
(v) representatives from organizations that provided
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services for individuals with disabilities; and
(vi) other appropriate individuals.
(d) Chairperson.--The council shall select a chairperson
from among the voting membership of the council.
(e) Term of office.--No member of the council may serve more
than two consecutive three-year terms, except:
(1) a member appointed to fill a vacancy occurring prior
to the expiration of the term for which a predecessor was
appointed shall be appointed for the remainder of the
predecessor's term and may serve another three-year term; and
[(2) the terms of service of the members initially
appointed shall provide for the expiration of terms on a
staggered basis.]
(3) if there is only one center for independent living
in this Commonwealth, the executive director of the center
for independent living may serve more than two consecutive
three-year terms.
(f) Vacancies.--Any vacancy occurring in the membership of
the council shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the duties of the council.
(g) Appropriation.--The General Assembly shall appropriate
money to enable the council to fulfill the council's
responsibilities under this act.
Section 6. Powers and duties.
[The council shall:
(1) Jointly develop and submit, in conjunction with the
designated State agency, the State plan required by this act.
(2) Monitor, review and evaluate implementation of the
State plan.
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(3) Coordinate activities with other State advisory
bodies that address the needs of specific disability
populations and related issues under Federal and State laws.
(4) Ensure that all regularly scheduled meetings of the
council are open to the public and that sufficient advance
notice of meetings is provided.
(5) Prepare reports and make recommendations, as
necessary, to the Governor and General Assembly.]
(a) Mandatory duties.--The council shall, with the centers
for independent living, jointly develop the State plan.
(b) Discretionary duties.--The council may:
(1) Work with centers for independent living to
coordinate services with public and private entities.
(2) Conduct resource development activities to support
the activities described in this act or the independent
living services provided by centers for independent living.
(3) Perform other functions that are consistent with the
purposes of this act or comparable to other functions
described in this act.
(4) Hold public hearings and forums as necessary to
carry out the duties of the council.
(5) Conduct resource development activities to obtain
money from sources other than those specified under this act.
(c) Prohibition.--The council may not provide or manage
independent services directly to individuals with significant
disabilities.
Section 4. Section 7(a) of the act is amended and subsection
(c) is amended by adding a paragraph to read:
Section 7. State plan.
(a) Eligibility for financial assistance.--To be eligible to
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receive financial assistance, the council and the [designated
State agency] executive directors of the centers for independent
living shall develop a State plan.
* * *
(c) Objectives and strategy.--The State plan shall do the
following:
* * *
(7) Provide a general framework for the expenditure of
financial assistance received by the Commonwealth through the
Rehabilitation Act of 1973 for the purpose of fulfilling the
objectives of State plan projects.
* * *
Section 5. Sections 8 and 9 of the act are amended to read:
Section 8. Grants and funding.
(a) Authority to award grants.--Under applicable provisions
of the State plan, the director of the designated State [agency]
entity shall, with the approval of the council and adhering to
the principles outlined in the State plan, designate [agencies]
organizations within this Commonwealth eligible to receive funds
allotted by the Commonwealth for establishment of centers for
independent living.
(b) Eligible [agencies] organizations.--The director of the
designated State [agency] entity may, with the approval of the
council, make a grant under this section to any designated
eligible [agency] organization that:
(1) has the power and authority to carry out the
purposes of this act;
(2) is determined by the director of the designated
State [agency] entity and the council to be able to plan,
conduct, administer and evaluate a center for independent
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living consistent with sections 10 and 11; and
(3) submits an application to the director of the
designated State [agency] entity at a time and in such manner
and containing such information as the director and the
council may require.
(c) Existing eligible [agencies] organizations.--In the
administration of the provisions of this section, the designated
State [agency] entity shall award grants to any eligible [agency
that received funds for establishment of a center for
independent living on June 30, 1992] organization, unless the
director [finds] and the council find that the [agency]
organization fails to comply with sections 10 and 11.
(d) Minimum annual allocation.--Subject to the availability
of appropriations, the minimum annual allocation for each center
for independent living shall be [$200,000 in Federal and State
funds. Priority for distribution of State funds shall be as
follows:
(1) Existing State-funded centers for independent
living.
(2) Centers for independent living funded through Title
VII of the Rehabilitation Act of 1973, which receive less
than the minimum annual allocation.
(3) New centers for independent living planned by the
council.] $350,000 under this act and allocations to the
Commonwealth under section 721 of the Rehabilitation Act of
1973. The allocation shall increase annually at the rate of
inflation as reflected in the Consumer Price Index for All
Urban Consumers in the Northeast Region for the most recent
12-month period for which the figures have been reported by
the United States Department of Labor, Bureau of Labor
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Statistics. If the rate of inflation does not increase, the
minimum annual allocation shall be the same as it was for the
previous year. The designated State entity shall immediately
submit the adjusted amounts to the Legislative Reference
Bureau for publication as a notice in the Pennsylvania
Bulletin.
(d.1) Purpose of grants.--The designated State entity, in
consultation with the council, shall award grants from the
amount of money allocated under this section to eligible
organizations for the planning, conduct, administration and
evaluation of centers for independent living that comply with
the standards and assurances under this act, in the manner that
is outlined in the State plan.
(d.2) Priority for distribution of money.--The distribution
of State money under this section shall be provided in the
following order of priority:
(1) Existing State-funded centers for independent
living.
(2) Centers for independent living that are funded
through Title VII of the Rehabilitation Act of 1973 and
receive less than the minimum annual allocation.
(3) New centers for independent living outlined in the
State plan.
(e) New centers for independent living.--If the council
determines that there is no center for independent living
serving a geographic region of this Commonwealth or a region is
underserved and the State appropriation for the year is
sufficient to support an additional center for independent
living within this Commonwealth, the director may, in
consultation with the council and as indicated in the State
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plan, award a grant under this section to the most qualified
applicant, consistent with provisions in the State plan relating
to establishment of a Statewide network of centers for
independent living.
(f) 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:
"Eligible organization." As follows:
(1) A consumer-controlled, community-based, cross-
disability, nonresidential private nonprofit organization.
(2) The Commonwealth shall recognize an organization as
an eligible organization if the organization is a federally
funded center for independent living and receives funding
specifically for operation as a center for independent living
consistent with this act.
Section 9. Compliance with standards.
(a) Compliance generally.--Each center for independent
living that receives assistance under this act shall comply with
the standards set forth in section 10 in order to ensure that
all programs and activities are planned, conducted, administered
and evaluated in a manner consistent with the purposes of this
act. The State plan shall identify a method of enforcement
regarding the standards and assurances specified in this act.
(b) Assurances.--An applicant for financial assistance under
this act shall provide the following assurances:
(1) The applicant is an eligible organization, as
defined in section 8(f).
(2) The center for independent living will be designed
and operated in accordance with this act.
(3) The applicant will establish clear priorities
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through annual and three-year program and financial planning
objectives for the center for independent living, including,
but not limited to, the following:
(i) Overall goals or a mission for the center for
independent living.
(ii) A work plan for achieving the goals or mission.
(iii) Specific objectives.
(iv) Service priorities.
(v) Types of services to be provided.
(vi) A description of how the proposed activities
are consistent with the most recent three-year State
plan.
(4) The applicant will use sound organizational and
personnel assignment practices, including, but not limited
to, the following:
(i) Taking affirmative action to employ and advance
in employment qualified individuals with significant
disabilities on the same terms and conditions required
with respect to the employment of individuals with
disabilities.
(ii) Ensuring that the majority of the staff and
individuals in decision-making positions are individuals
with disabilities.
(5) The applicant will practice sound fiscal management,
including, but not limited to, the following:
(i) Making arrangements for an annual independent
fiscal audit.
(ii) Conducting and preparing annual self-
evaluations.
(iii) Maintaining records that are adequate to
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measure performance regarding standards and compliance
and that include the following:
(A) The number and types of individuals with
significant disabilities who receive services through
the center for independent living.
(B) The types of services provided through the
center for independent living.
(C) The number of individuals with significant
disabilities who receive each type of service
provided through the center for independent living.
(D) The sources and amounts of funding for the
operation of the center for independent living.
(E) The number of individuals with significant
disabilities who are employed at the center for
independent living.
(F) The number of individuals with significant
disabilities who are in management and decision-
making positions within the center for independent
living.
(G) As appropriate, a comparison of the
activities of the center for independent living in
prior years and the activities of the center for
independent living in the most recent year.
(c) Practices.--Each center for independent living that
receives assistance under this act shall:
(1) Operate in accordance with this act, including the
specific assurances under subsection (b).
(2) Submit to the council a copy of the grant
application and annual report of the center for independent
living.
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(3) Prepare and submit to each grantor of the center for
independent living a report at the end of each fiscal year
containing information regarding the extent to which the
center for independent living is in compliance with the
standards and assurances under this act.
(4) Develop an independent living plan for all
consumers, unless the individual who would receive services
under the plan knowingly signs a waiver stating that the plan
is unnecessary.
Section 6. Section 11 of the act is repealed:
[Section 11. Assurances of centers for independent living.
A center for independent living shall provide at a time and
in such manner as the council may require, satisfactory
assurances that:
(1) The center for independent living is an eligible
agency.
(2) The center for independent living will be designed
and operated locally by individuals with disabilities,
including an assurance that the center for independent living
will have a board that is the principal governing body of the
center for independent living, a majority of which shall be
composed of individuals with disabilities.
(3) The center for independent living will comply with
the standards set forth in section 10.
(4) The center for independent living will establish
clear priorities through an annual plan and a three-year plan
required by the State plan and financial planning objectives,
including overall goals or missions for the center for
independent living, a work plan for achieving the goals or
missions, specific objectives, services priorities, types of
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services to be provided and a description that shall
demonstrate how the proposed activities of the center for
independent living are consistent with the most recent three-
year State plan.
(5) The center for independent living will use sound
organizational, personnel assignment practices, including
taking affirmative action to employ and advance in employment
qualified individuals with disabilities on the same terms and
conditions required with respect to employment of individuals
with disabilities under section 503 of the Rehabilitation Act
of 1973 and the Americans with Disabilities Act of 1990.
(6) The center for independent living will ensure that
the majority of its staff and individuals in decision making
positions are individuals with disabilities.
(7) The center for independent living will practice
sound fiscal management, including making arrangements for an
annual independent fiscal audit.
(8) The center for independent living will conduct
annual self-evaluations, prepare an annual report and
maintain records, adequate to measure at a minimum,
performance with respect to the following:
(i) The extent to which the center for independent
living is in compliance with section 10.
(ii) The numbers and types of individuals with
disabilities receiving services through the center for
independent living.
(iii) The types of services provided through the
center for independent living and the number of
individuals with disabilities receiving each type of
service.
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(iv) The source and amounts of funding for the
operation of the center for independent living.
(v) The number of individuals with disabilities who
are employed by the center for independent living and the
number who are in management and decision making
positions.
(vi) A comparison, when appropriate, of the
activities of the center for independent living in prior
years, with the activities of the center for independent
living in the most recent year.
(9) Individuals with severe disabilities who are seeking
to receive services from the center for independent living
will be notified by the center for independent living of the
existence of, the availability of and how to contact
representatives of the client assistance program.
(10) Aggressive outreach, regarding services provided
through the center for independent living, will be conducted
in an effort to reach populations of individuals with
disabilities that are unserved or underserved by programs
under this act, especially minority groups and urban and
rural populations.
(11) Staff at centers for independent living will
receive training on how to serve unserved and underserved
populations, including minority groups and urban and rural
populations.
(12) The center for independent living will submit to
the council a copy of its approved grant application and the
annual report required under paragraph (8).
(13) The center for independent living will prepare and
submit a report to the designated State agency, at the end of
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each fiscal year, that contains the information described in
paragraph (8) and information regarding the extent to which
the center for independent living is in compliance with the
standards set forth in section 10.
(14) Each individual receiving independent living
services has an independent living plan, if requested by the
individual.]
Section 7. Section 12 heading and introductory paragraph of
the act are amended to read:
Section 12. Allocation of funds by designated State [agency]
entity.
From sums appropriated each fiscal year, in addition to funds
allocated for independent living centers under the State
independent living plan, the designated State [agency] entity
may allocate, [under] consistent with the State plan, funds for
the following purposes:
* * *
Section 8. This act shall take effect in 60 days.
20190HB2139PN3046 - 19 -
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