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PA Bulletin, Doc. No. 02-1091

THE GOVERNOR

PART I.  GOVERNOR'S OFFICE
[4 PA. CODE CH. 7]

[EXECUTIVE ORDER NO. 2002-5]

[32 Pa.B. 2987]

Disability-Related Policy

May 3, 2002

   Whereas, Pennsylvania cannot be a Commonwealth to all of its people until all of its people enjoy the opportunity to participate fully in society; and

   Whereas, Pennsylvania has a proud and distinguished history of protecting the rights of individuals with disabilities through such laws as the Pennsylvania Human Relations Act and the Universal Accessibility Act, as amended, December 20, 1988; and

   Whereas, the Americans With Disabilities Act of 1990, P. L. 101-336 and the Rehabilitation Act of 1973, P. L. No. 93-112, are intended to empower people with disabilities to lead independent and productive lives and to participate fully in the activities of their communities; and

   Whereas, the Americans With Disabilities Act and the Rehabilitation Act complement those state laws and thereby further open the doors of opportunity for Pennsylvanians who seek to be considered on the basis of their abilities and not their disabilities; and

   Whereas, the Americans With Disabilities Act requires state services, programs, and activities, when viewed in their entirety, to be accessible to individuals with disabilities; and

   Whereas, this Administration has an abiding commitment to the equal rights of all Pennsylvania's citizens.

   Now, Therefore, I, Mark S. Schweiker, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby order and direct as follows.

   Governor

   Fiscal Note: GOV 02-5. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4.  ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

CHAPTER 7.  MISCELLANEOUS PROVISIONS

Subchapter MM.  COMMONWEALTH DISABILITY-RELATED POLICIES

Sec.

7.571.Individuals with disabilities.
7.572.Programs offered by Commonwealth agencies.
7.573.Direction for disability-related policy.
7.574.Coordination of meetings.
7.575.Rescission.

§ 7.571.  Individuals with disabilities.

   A Commonwealth agency under the Governor's jurisdiction may not discriminate against an individual with a disability because of his disability. Individuals with disabilities shall be treated with respect and dignity and shall be provided access to Commonwealth services, programs, activities and employment opportunities.

§ 7.572.  Programs offered by Commonwealth agencies.

   Commonwealth agencies under the Governor's jurisdiction shall ensure that the programs they offer to the public are nondiscriminatory, accessible and address the particular challenges faced by persons with disabilities.

§ 7.573.  Direction for disability-related policy.

   Direction for disability-related policy will be assigned as follows:

   (1)  The Secretary of Administration, as required by Federal law and court decisions, is responsible for ensuring compliance with the employment provisions of the Americans With Disabilities Act of 1960 (act) (42 U.S.C.A. §§ 12101--12213), sections 504 and 508 of the Rehabilitation Act of 1973 (42 U.S.C.A. §§ 794 and 794d) and the Pennsylvania Human Relations Act (43 P. S.§§ 951--963), relating to Commonwealth employment and for ensuring public access to Commonwealth programs and services.

   (2)  The Secretary of General Services is responsible for ensuring compliance with Title II of the act (42 U.S.C.A. §§ 12131--12165) and other applicable laws relating to Commonwealth buildings and facilities and contract compliance.

   (3)  The Governor's Policy Office coordinates the implementation of Commonwealth disability-related policies and assesses the effectiveness of those policies.

   (4)  The Office of General Counsel provides direction and guidance to executive agency legal counsel on handling disability-related litigation and reviews proposed disability-related rules and regulations of executive agencies before they are deposited with the Legislative Reference Bureau as required by sections 102, 201--208 and 602 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1102, 1201--1208 and 1602), known as the Commonwealth Documents Law.

§ 7.574.  Coordination of meetings.

   The Governor's Policy Office shall coordinate regular meetings of the responsible agencies to discuss disability-related policy and resolve issues that may arise.

§ 7.575.  Rescission.

   Executive Order 1996-11, Disability-Related Policy dated December 20, 1996, is rescinded.

[Pa.B. Doc. No. 02-1091. Filed for public inspection June 21, 2002, 9:00 a.m.]


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