Act 139
Posted by: Lou Diehl
Date Mailed: Wednesday, July 14th 1999 05:01 AM
Date Mailed: Wednesday, July 14th 1999 05:01 AM
SENATE AMENDED
19930H1701B4355 05191WMB:KEH 04/20/93 #71 05/26/93
PRIOR PRINTER'S NOS. 1969, 4063@FL PRINTER'S NO. 4355
HOUSE BILL 1701
Session of 1993
INTRODUCED BY BELARDI, DeWEESE, VEON, STABACK, CAWLEY, SERAFINI,
SURRA, ROONEY, GEORGE, STURLA, DURHAM, DERMODY, CORRIGAN,
MELIO, LAUGHLIN, GRUPPO, BLAUM, CURRY, MILLER, YANDRISEVITS,
E. Z. TAYLOR, CIVERA, NAILOR, BEBKO-JONES, KASUNIC, COLAIZZO,
MANDERINO, PISTELLA, D. W. SNYDER, OLASZ, FREEMAN, TRICH AND
DeLUCA, MAY 26, 1993
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 14, 1994
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title
This act shall be known and may be cited as the Independent
Living Services Act.
Section 2. Legislative findings and declarations.
The General Assembly finds and declares as follows:
(1) The Commonwealth currently supports the provision of
independent living services to people with disabilities
through centers for independent living, but lacks a statutory
basis to assure that people with disabilities are fully
involved in the planning and provision of these services.
(2) People with disabilities have the best capacity to
design, develop, manage and implement those programs and
services that are intended to assist them.
(3) The Rehabilitation Act of 1973 (Public Law 93-112,
29 U.S.C. Æ 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.
(4) There are an estimated 830,000 residents of this
Commonwealth with disabilities who will benefit directly or
indirectly from the services provided by State-supported
centers for independent living.
(5) People with disabilities who could live and work in
the community have been denied access to the full range of
social opportunities, and in many cases have been forced to
live in institutions at State expense, due to architectural,
communication and attitudinal barriers, as well as a lack of
appropriate independent living options.
(6) There is a need to establish independent living
services and centers through a coordinated network of
consumer-controlled centers for independent living
effectively reaching all 67 counties in this Commonwealth.
(7) Notwithstanding the services provided by the
Commonwealth to specific disability groups, the General
Assembly having heretofore appropriated State funds to
support consumer-controlled centers for independent living,
finds an immediate need to assure that all citizens of this
Commonwealth who have a disability are afforded access to and
control of the services provided by centers for independent
living.
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:
"Americans with Disabilities Act of 1990." (Public Law
101-336, 104 Stat. 327), as amended.
"Center for independent living." A private, nonprofit agency
in which at least 51% of the principle principal governing
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board, management and staff are individuals with disabilities
and that:
(1) is designed and operated within a local community by
individuals with disabilities;
(2) provides an array of independent living services and
programs; and
(3) does not offer among its services permanent housing;
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and
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(4) (3) assists individuals with a wide variety of
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disabling conditions.
"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 principle principal governing board, management and
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staff are individuals with disabilities.
"Council." The Statewide Independent Living Council
established by this act.
"Designated State unit agency." The agency designated by the
----
Governor to administer programs funded under the Rehabilitation
Act of 1973 (Public Law 93-112, 29 U.S.C. Æ 701 et seq.), as
amended.
"Disability." With respect to an individual:
(1) a physical or mental impairment that substantially
limits one or more of the major life activities of the
individual;
(2) a record of such impairment; or
(3) being regarded as having such an impairment.
"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.
"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;
(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;
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(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
similar services in the future;
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(xiii) community awareness programs to enhance the
understanding and integration into society of individuals
with disabilities;
(xiv) communicating the programmatic and civil needs
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and civil rights of persons with disabilities to State
and local planners responsible for community services;
and
(xv) such other services, not inconsistent with the
provisions of this act, as may be necessary.
"Major life activities." The term includes, but is not
limited to, communication, self-care, mobility and
self-direction.
"Rehabilitation Act of 1973." (Public Law 93-112, 29 U.S.C.
Æ 701 et seq.), as amended.
Section 4. Eligibility for receipt of independent living
services.
Services may be provided to any individual with a disability
regardless of age, to parents and families of individuals with
disabilities and, as appropriate, to professionals in the
community working with individuals with disabilities.
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. The council shall not be independent of State agencies,
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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 by the Governor. The Governor shall
select members from recommendations of representatives of
organizations with governing boards in which at least 51% are
persons with disabilities and which represent. The board shall
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be representative of a broad range of 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.
(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.
(2) The ex officio, nonvoting members shall consist of a
representative from the designated State unit agency and
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representatives from other State agencies that provide
services for individuals with disabilities.
(3) In addition to the members provided for in
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
services for individuals with disabilities; and
(vi) other appropriate individuals.
(d) Chairperson.--The council shall select a chairperson
from among the 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
(2) the terms of service of the members initially
appointed shall provide for the expiration of terms on a
staggered basis.
(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.
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.
(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.
Section 7. State plan.
(a) Eligibility for financial assistance.--To be eligible to
receive financial assistance, the council and the designated
State unit agency shall develop a State plan.
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(b) Periodic review and revision.--The plan shall provide
for review and revision of the plan, not less than once every
three years, to ensure the existence of appropriate planning,
financial support and coordination, and other assistance to
appropriately address on a Statewide and comprehensive basis the
need of the Commonwealth for the following:
(1) Development and support of a Statewide network of
centers for independent living.
(2) Provision of Statewide independent living services.
(3) Establishment of working relationships between the
following:
(i) Programs providing independent living services
and independent living centers.
(ii) The vocational rehabilitation program
established under Title I of the Rehabilitation Act of
1973, and other programs providing services to
individuals with disabilities.
(c) Objectives and strategy.--The State plan shall do the
following:
(1) Specify the objectives to be achieved under the plan
and establish timetables for the achievement of the
objectives.
(2) Explain Explicate how the objectives to be achieved
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are consistent with and further the purposes of this act.
(3) Set forth a strategy for the expansion and
enhancement of the Statewide network of centers for
independent living.
(4) Describe the purpose, extent and scope of
independent living services and programs funded by the
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Commonwealth.
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(5) Set the priorities for expenditure of State funds
allocated for the purposes described in paragraphs (1), (3)
and (4).
(6) Describe efforts to coordinate Federal and State
funding for centers for independent living and independent
living services and programs.
(d) Requirements for recipients of financial
assistance.--The State plan shall provide satisfactory
assurances that all recipients of financial assistance will do
all of the following:
(1) Notify all individuals seeking or receiving services
of the availability of the client assistance program
established under section 112 of the Rehabilitation Act of
1973, the purposes of the services provided under the program
and how to contact representatives of the program.
(2) Take affirmative action to employ and advance in
employment, qualified individuals with disabilities on the
same terms and conditions required with respect to employment
of the individuals under the provisions of section 503 of the
Rehabilitation Act of 1973, and the Americans with
Disabilities Act of 1990.
(3) Adopt such fiscal control and fund accounting
procedures as may be necessary to ensure the proper
disbursement of and accounting for funds received from the
Commonwealth under this act.
(4) Maintain such other records as may be appropriate to
facilitate an effective financial audit.
(e) Periodic evaluation.--The plan shall establish a method
for the periodic evaluation of the effectiveness of the plan in
meeting the objectives established, including evaluation of
satisfaction by individuals with disabilities.
Section 8. Grants and funding.
(a) Authority to award grants.--Under applicable provisions
of the State plan, the director of the designated State unit
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agency shall, with the approval of the council, award grants to
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eligible agencies from designate State agencies agencies within
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this Commonwealth eligible to receive funds allotted by the
Commonwealth for establishment of centers for independent
living.
(b) Eligible agencies.--The director of the designated State
unit agency may, with the approval of the council, make a grant
----
under this section to any designated eligible agency 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 unit agency and the council to be able to plan,
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conduct, administer and evaluate a center for independent
living consistent with sections 10 and 11; and
(3) submits an application to the director of the
designated State unit agency at a time and in such manner and
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containing such information as the director and the council
may require.
(c) Existing eligible agencies.--In the administration of
the provisions of this section, the designated State unit agency
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shall award grants to any eligible agency that received funds
for establishment of a center for independent living on June 30,
1992, unless the director finds that the agency 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.
(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 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.
Section 9. Compliance with standards.
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.
Section 10. Standards for centers for independent living.
(a) Philosophy.--The center for independent living shall
promote and practice the independent living philosophy of:
(1) consumer control of the center for independent
living, regarding decision making, service delivery,
management and establishment of the policy and strategic
direction of the center for independent living;
(2) self-help and self-advocacy;
(3) development of peer relations and peer role models;
and
(4) equal access of individuals with disabilities to
society and to all services, programs, activities, resources
and facilities, whether public or private and regardless of
the funding source.
(b) Provision of services.--The center for independent
living shall provide services to individuals with a range of
disabilities. The center for independent living shall provide
services for individuals with different types of disabilities,
including individuals with disabilities who are members of
populations that are unserved or underserved. Eligibility for
services at any center for independent living shall not
typically be based on the presence of any one or more specific
disabilities.
(c) Independent living goals.--The center for independent
living shall facilitate the development and achievement of
independent living goals selected by individuals who seek
assistance from the center for independent living.
(d) Community options.--The center for independent living
shall work to increase the availability and improve the quality
of community options for independent living in order to
facilitate the development and achievement of independent living
goals by individuals with disabilities.
(e) Independent living core services.--The center for
independent living shall provide independent living core
services and, as appropriate, a combination of other independent
living services.
(f) Activities to increase community capacity.--The center
for independent living shall conduct activities to increase the
capacity of communities within the service area of the center
for independent living to meet the needs of individuals with
disabilities. The center for independent living shall support
and participate in national, State and local coalition building
among independent living centers and organizations representing
persons with disabilities.
(g) Resource development activities.--The center for
independent living shall conduct resource development activities
to obtain funding from sources other than sources provided for
under this act.
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 within a local region locally by individuals
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with disabilities, including an assurance that the center for
independent living will have a board that is the principle
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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 annual and three-year programs and
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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 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.
(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 unit agency, at the
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end of 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 12. Allocation of funds by designated State unit
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agency.
From sums appropriated each fiscal year, in addition to funds
allocated for independent living centers under the State
independent living plan, the designated State unit may allocate,
under the State plan, funds for the following purposes:
(1) To demonstrate ways to expand and improve
independent living services.
(2) To support the operation of centers for independent
living.
(3) To support activities to increase the capacities of
centers for independent living to develop comprehensive
approaches or systems for providing independent living
services.
(4) To conduct studies and analyses, gather information,
develop model policies and procedures and present
information, approaches, strategies, findings, conclusions
and recommendations to policymakers in order to enhance
independent living services for individuals with
disabilities.
(5) To train individuals with disabilities and
individuals providing services to individuals with
disabilities and other persons regarding the independent
living philosophy.
(6) To provide outreach to populations that are unserved
or underserved by programs under this act, including minority
groups and urban and rural populations.
Section 13. Effective date.
This act shall take effect immediately.
