PRINTER'S NO. 1174

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

852

Session of

2019

INTRODUCED BY TARTAGLIONE, LEACH, MUTH, FONTANA, SCHWANK,

HUGHES, STREET, BREWSTER, COSTA, BLAKE AND BROWNE,

SEPTEMBER 20, 2019

Disabilities; and providing for the powers and duties of the

office and the advisory committee and for funding of the

office and the advisory committee.

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Legislative policy and declaration.

Section 103. Definitions.

Chapter 3. Office for People with Disabilities

Section 301. Establishment.

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

Section 101. Short title.

This act shall be known and may be cited as the Office for

People with Disabilities Act.

individualized and specialized services that meet the unique

needs of persons without discrimination.

(2) Persons with disabilities and their families 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) Persons with disabilities who could live and work in

the community live in institutions at State expense due to

the services and programs provided to them, and the community

of persons with disabilities should direct the development

and operation of the delivery system.

(5) Increased availability of community support services

and programs will enable persons with disabilities and their

families 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 persons with disabilities and their families and guardians

persons with disabilities and their families and guardians.

(8) Access to the office will enable persons with

disabilities and their families 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:

"Advisory committee." The Advisory Committee for People with

Disabilities established under this act.

"Disability services." Services and programs provided to

persons with disabilities or their families 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 limitations." Limitations that affect one or

more of the following activities of daily living:

(1) Mobility.

(2) Communication.

(3) Self-care.

"Office." The Office for People with Disabilities

established under this act.

"Person with a 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 indefinitely.

CHAPTER 3

OFFICE FOR PEOPLE WITH DISABILITIES

Section 302. Powers and duties of office.

The office shall have all of the following powers and duties:

(1) Ensure that all persons with disabilities in this

Commonwealth and their families 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 persons with disabilities and

and funding shortages in collaboration with the advisory

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

programs for persons with disabilities and their families and

guardians.

(6) Develop, within one year of the effective date of

accomplished in collaboration with the advisory 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 PEOPLE WITH DISABILITIES

People 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.

(4) Secretary of Education.

(5) Secretary of Transportation.

(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 People with

Disabilities.

disabilities, including individuals from existing stakeholder

groups, in such number as the Governor deems appropriate.

(2) At a minimum, 60% of these members shall be persons

with disabilities or family members of persons with

disabilities.

(3) Advisory committee members shall be selected based

upon an evaluation of information received through formal

application.

(c) Voting.--

(1) The members appointed under subsection (a) may not

consideration by the committee.

(d) Terms.--

(1) The terms of the members under subsection (a) shall

be concurrent with their holding of public office.

(2) Members appointed under subsection (b) shall serve

at the pleasure of the Governor as long as they represent the

interest of the membership class for which they were

appointed and shall serve until their successors are

appointed.

(e) Chairperson.--The Governor shall appoint a

accordance with the Rehabilitation Act of 1973 (Public Law 93-

112, 29 U.S.C. § 701 et seq.).

Section 503. Powers and duties of advisory committee.

(a) General rule.--The advisory committee shall have all of

the following powers and duties:

(1) Make recommendations to the Governor on policies,

procedures, regulations and legislation that aid persons with

disabilities in this Commonwealth.

(2) Serve as the Governor's liaison to persons with

disabilities on policies, procedures, regulations and

and agencies under the Governor's jurisdiction to ensure that

these government entities are cognizant of the needs of

persons with disabilities and that their 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 persons with disabilities in order to ensure

that there are no discriminatory practices within the

Commonwealth.

(c) Construction.--Nothing in this section may be construed

to prevent the committee from establishing ad hoc work groups or

local committees to assist in research and other duties

necessary to carry out the mission of the office.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701. Funding.

The Office of the Governor shall use Federal funds where

possible for the administration of the Office for People with

Disabilities and the Advisory Committee for People with