Bill Text: PA HB1594 | 2009-2010 | Regular Session | Amended

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Bill Title: Establishing the Governor's Cabinet for People with Disabilities and the Governor's Advisory Committee for People with Disabilities; and providing for their powers and duties.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-06-28 - Referred to STATE GOVERNMENT [HB1594 Detail]

Download: Pennsylvania-2009-HB1594-Amended.html

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PRIOR PRINTER'S NO. 1975 PRINTER'S NO. 3883
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1594 Session of2009
INTRODUCED BY MAHER, DeWEESE, PASHINSKI, BAKER, BEYER, BRADFORD, BRENNAN, BRIGGS, BROWN, BURNS, CALTAGIRONE, CASORIO, COHEN, CUTLER, DAY, DENLINGER, GEIST, GEORGE, GODSHALL, GROVE, HARHAI, HESS, HORNAMAN, JOSEPHS, KILLION, KORTZ, KULA, LENTZ, LONGIETTI, MAHONEY, MARKOSEK, MARSHALL, MENSCH, MILNE, MURT, MUSTIO, M. O'BRIEN, O'NEILL, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, SANTONI, SEIP, SIPTROTH, K. SMITH, SONNEY, SWANGER, J. TAYLOR, VULAKOVICH, WATERS, YOUNGBLOOD AND WATSON, JUNE 2, 2009
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 2010
AN ACT
Relating to the delivery of services and programs to persons <--
with disabilities; conferring powers and duties on the Office
of the Governor; and creating the Office for People with
Disabilities and Advisory Committee for People with
Disabilities; and providing for its powers, duties and
funding.
TABLE OF CONTENTS
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. Creation of office.
Section 302. Powers and duties of office.
Section 303. Power to contract.
Chapter 5. Advisory Committee for People with Disabilities
Section 501. Creation of committee.
Section 502. Membership.
Section 503. Powers and duties of advisory committee.
Chapter 21. Miscellaneous Provisions
Section 2101. Funding.
Section 2102. Effective date.
Establishing the Governor's Cabinet for People with Disabilities <--
and the Governor's Advisory Committee for People with
Disabilities; and providing for their powers and duties.
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
People with Disabilities Act.
Section 102. Legislative policy and declaration.
The General Assembly finds and declares as follows:
(1) Persons with disabilities and their families and
guardians should have access to a full range of services and
programs, including equal access to all services and programs
provided for persons without disabilities, as well as
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
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the community live in institutions at State expense due to
inadequate funding for community support services. The result
is a loss both to these individuals and to this Commonwealth.
(4) Persons with disabilities and their families and
guardians should have the opportunity to choose and direct
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
should be provided in a manner that promotes independent
living, enables people to obtain and maintain employment and
supports people 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
persons with disabilities and their families and guardians.
(8) Access to the office will enable people 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
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Disabilities created in section 501.
"Consumer control." The right of a person with a disability
or an individual acting on behalf of a person with a disability
to maintain power and authority over decisions affecting the
provision of services, programs and community activities.
"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.
(4) Work.
(5) Recreation.
(6) Independent living.
(7) Learning.
(8) Self-direction.
"Long-term." Likely to be of extended or lifelong duration.
"Office." The Office for People with Disabilities created
under section 301.
"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
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OFFICE FOR PEOPLE WITH DISABILITIES
Section 301. Creation of office.
The Office for People with Disabilities is hereby created
within the Office of the Governor. The office shall be
administered by the Office of the Governor.
Section 302. Powers and duties of office.
The office shall have the power and its duty shall be to:
(1) Assure that all citizens of this Commonwealth who
have disabilities and their families and guardians have
access to adequate and coordinated quality services and
programs.
(2) Identify gaps in disability services and programs
and funding shortages in collaboration with the advisory
committee and report this information annually to the
Governor and to the General Assembly.
(3) Act as a system advocate to expand the availability
of disability services and programs and access to generic
services and programs.
(4) Plan for Statewide improvements in services and
programs for persons with disabilities and their families and
guardians.
(5) Develop, within one year of the effective date of
this act, and enforce all program requirements and
regulations necessary and appropriate for the proper
accomplishment of the duties imposed by this act. Development
of program requirements and regulations shall be accomplished
in collaboration with the advisory committee.
(6) Employ an executive director to carry out the duties
of this section.
Section 303. Power to contract.
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The office may contract with Statewide disability-related
organizations to carry out the provisions of this act, provided
the contracts place contract activities under the direction and
control of consumers with disabilities.
CHAPTER 5
ADVISORY COMMITTEE FOR PEOPLE WITH DISABILITIES
Section 501. Creation of committee.
The Advisory Committee for People with Disabilities is hereby
created within the Office for People with Disabilities and shall
serve in an advisory capacity to the office in matters regarding
persons with disabilities in this Commonwealth. The advisory
committee shall be administered by the Office for 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 Public Welfare.
(2) Secretary of Labor and Industry.
(3) Secretary of Health.
(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.
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(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.
(16) Executive Director of Intra-Governmental Long-Term
Care Council.
(b) Nongovernmental members.--The committee shall consist of
nongovernmental members to be appointed by the Governor as
follows:
(1) The Governor shall appoint persons with
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) shall not
hold voting privileges on any matter 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 their holding of public office.
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(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
nongovernmental member of the committee to serve as chairperson
of the advisory committee.
(f) Expenses of members.--Members of the committee shall
receive no payment for their services. Members who are not
employees 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. § 701 et seq.).
Section 503. Powers and duties of advisory committee.
(a) Enumeration.--The advisory committee shall have the
power and its duties shall be to:
(1) Make recommendations to the Governor on policies,
procedures, regulations and legislation that aid persons with
disabilities in Pennsylvania.
(2) Serve as the Governor's liaison to persons with
disabilities on policies, procedures, regulations and
legislation that affect persons with disabilities in order to
ensure that State government is accessible, accountable and
responsive to persons with disabilities.
(3) Serve as a resource to all departments, commissions
and agencies under the Governor's jurisdiction to ensure that
these government entities are cognizant of the needs of
persons with disabilities and their respective services and
programs are accessible to those individuals.
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(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 people with disabilities in order to ensure
that there are no discriminatory practices within the
Commonwealth.
(5) Perform such other duties as the Governor may assign
in planning for services and programs for persons with
disabilities and their families.
(b) Studies and reports.--The committee may conduct studies
and issue reports upon request and as it deems necessary on
issues affecting persons with disabilities in Pennsylvania.
(c) Workgroups.--Nothing in this section shall prevent the
committee from establishing ad hoc workgroups or local
committees to assist in research and other duties necessary to
carry out the mission of the office.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. 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
Disabilities 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 2102. Effective date.
This act shall take effect in 60 days.
Section 1. Short title. <--
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This act shall be known and may be cited as the Governor's
Cabinet for People with Disabilities Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Discrimination against individuals or groups by
reason of disability is unlawful.
(2) Discrimination based upon disability threatens the
rights and privileges of residents of this Commonwealth.
(3) The denial of equal employment, housing and public
accommodation opportunities because of discrimination based
upon disability, and the failure to use the productive
abilities of individuals to their fullest extent, deprive
people with disabilities from opportunities to enhance their
standard of living.
(4) The public health, safety and general welfare of the
Commonwealth is promoted by providing equal opportunities for
all individuals, regardless of disability, to public
accommodation and secure, accessible, affordable housing
accommodation and commercial property.
(5) Services and programs provided by the Commonwealth
for individuals with disabilities and their families and
guardians should be provided in a timely manner that promotes
independent living, enables people to obtain and maintain
employment and supports people with disabilities in the least
restrictive environment.
(6) The Commonwealth should strive to promote the
employment of all individuals in accordance with their
fullest abilities to safeguard their right to obtain and hold
employment without discrimination.
(7) A State-level office is needed to advise and assist
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the Office of the Governor and departments within State
government in developing policies addressing the concerns of
individuals with disabilities.
(8) Access to the office will enable individuals with
disabilities and their families and guardians to have their
concerns and issues addressed.
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:
"Cabinet." The Governor's Cabinet for People with
Disabilities established in section 4.
"Committee." The Governor's Advisory Committee for People
with Disabilities established in section 5.
Section 4. Governor's Cabinet for People with Disabilities.
(a) Establishment.--The Governor's Cabinet for People with
Disabilities is established.
(b) Executive director.--The Governor shall appoint an
executive director of the cabinet.
(c) Membership.--The cabinet shall consist of the following
members, who shall serve by virtue of their public positions:
(1) The Secretary of Public Welfare, who shall serve as
chair of the cabinet.
(2) The Secretary of Labor and Industry.
(3) The Secretary of Health.
(4) The Secretary of Education.
(5) The Secretary of Transportation.
(6) The Secretary of the Budget.
(7) The Secretary of Aging.
(8) The Secretary of Policy and Planning.
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(9) The Director of the Office of Health Care Reform.
(10) The Adjutant General of Military and Veterans
Affairs.
(11) The Chairperson of the Pennsylvania Human Relations
Commission.
(12) The Executive Director of the Pennsylvania
Developmental Disabilities Council.
(13) The Executive Director of the Governor's Office for
People with Disabilities.
(14) The Executive Director of the Governor's Long Term
Living Council.
(d) Responsibilities.--The responsibilities of the cabinet
shall be as follows:
(1) Make recommendations to the Governor on policies,
procedures, regulations and legislation that aid people with
disabilities in this Commonwealth.
(2) Serve as the Governor's liaison to people with
disabilities on policies, procedures, regulations and
legislation that affect people with disabilities in order to
ensure that State government is accessible, accountable and
responsive to people with disabilities.
(3) Serve as a resource to all departments, commissions
and agencies under the Governor's jurisdiction to ensure that
these government entities are cognizant of the needs of
people with disabilities and their respective services and
programs are accessible to those individuals.
(4) Work with the Office of the Governor and State
agencies to monitor the hiring, retention and promotion
practices of the Commonwealth relating to the employment of
people with disabilities in order to ensure that there are no
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discriminatory practices.
Section 5. Governor's Advisory Committee for People with
Disabilities.
(a) Establishment and responsibilities.--The Governor's
Advisory Committee for People with Disabilities is established
and shall serve in an advisory capacity to the cabinet in
matters regarding people with disabilities in this Commonwealth.
(b) Membership.--The committee shall consist of the
following members, with a chairperson to be designated by the
Governor:
(1) The Governor shall appoint as members people with
disabilities, including individuals from existing stakeholder
groups, in such number as the Governor deems appropriate.
(2) At a minimum, 60% of the committee members shall be
people with disabilities or family members of people with
disabilities.
(3) Committee members serve at the pleasure of the
Governor.
(c) Compensation and expenses.--The members of the committee
shall not receive a salary or per diem allowance for serving as
members of the committee, but shall be reimbursed for actual and
necessary expenses incurred in the performance of their duties
in accordance with Commonwealth policy.
Section 6. Responsibilities of Commonwealth agencies.
All agencies under the jurisdiction of the Governor shall
cooperate with and provide any necessary assistance to the
cabinet and committee in performing their functions.
Section 7. Reports and studies.
The cabinet may conduct studies and issue reports upon
request and as it deems necessary on issues affecting people
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with disabilities in this Commonwealth.
Section 20. Effective date.
This act shall take effect immediately.
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