CHAPTER 5. COUNCILS AND COMMITTEES

Subchap. Sec.

A.    GOVERNOR’S TRAFFIC SAFETY COUNCIL … 5.1
B.    [Reserved]
C.    [Reserved]
D.    [Reserved]
E.    [Reserved]
F.    PENNSYLVANIA COMMISSION FOR WOMEN… 5.61
G.    [Reserved]
H.    COUNCIL FOR SEXUAL MINORITIES … 5.91
I.    [Reserved]
J.    PHYSICAL FITNESS AND SPORTS … 5.111
K.    SEASONAL FARMWORKERS … 5.121
L.    [Reserved]
M.    DEVELOPMENTAL DISABILITIES PLANNING COUNCIL … 5.141
N.    [Reserved]
O.    [Reserved]
P.    [Reserved]
Q.    PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND PENNSYLVANIA ENERGY DEVELOPMENT AUTHORITY… 5.181
R.    PENNSYLVANIA WORKFORCE INVESTMENT BOARD … 5.191
S.    CHILD DEVELOPMENT … 5.201
T.    GOVERNOR’S ADVISORY COMMISSION ON LATINO AFFAIRS … 5.211
U.    [Reserved]
V.    [Reserved]
W.    [Reserved] … 5.241
X.    DISPLACED HOMEMAKERS … 5.251
Y.    [Reserved]
Z.    [Reserved] … 5.271
AA.    [Reserved]
BB.    ADVISORY BOARD OF ARTHRITIS … 5.301
CC.    [Reserved]
DD.    [Reserved]
EE.    [Reserved]
FF.    [Reserved]
GG.    COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED … 5.351
HH.    [Reserved]
II.    [Reserved]
JJ.    PENNSYLVANIA EMERGENCY RESPONSE COMMISSION … 5.381
KK.    DRUG POLICY PLANNING COORDINATION … 5.391
LL.    INTRA-GOVERNMENTAL COUNCIL ON LONG TERM CARE … 5.401
MM.    JOB TRAINING MANAGEMENT COMMITTEE … 5.421
NN.    COORDINATION OF FOOD AND NUTRITION PROGRAMS … 5.441
OO.    [Reserved] … 5.551
PP.    MOTOR CARRIER ADVISORY COMMITTEE … 5.561
QQ.    GOVERNOR’S ADVISORY COUNCIL FOR YOUNG CHILDREN … 5.571
RR.    [Reserved] … 5.591
SS.     GOVERNOR’S ADVISORY COMMITTEE ON THE UNITED STATES MARITIME CENTER IN ERIE … 5.601
TT.     GOVERNOR’S RURAL COORDINATING COUNCIL … 5.621
UU.     INTERAGENCY RIVER ISLAND TASK FORCE … 5.631
VV.     [Reserved] … 5.641
WW.     ENVIRONMENTAL TRAINING PARTNERSHIP … 5.651
XX.     [Reserved] … 5.671
YY.     GOVERNOR’S ADVISORY COMMISSION ON AFRICAN  AMERICAN AFFAIRS … 5.701
ZZ.     [Reserved] … 5.721
AAA.     PENNSYLVANIA COMMISSION ON CORRECTIONS  PLANNING … 5.741
BBB.     GOVERNOR’S TASK FORCE TO REDUCE WELFARE  DEPENDENCY … 5.761
CCC.     STATE COMMISSION ON NATIONAL AND COMMUNITY SERVICE … 5.771
DDD.     GOVERNOR’S COMMITTEE ON EDUCATION STANDARDS  AND ASSESSMENT … 5.791
EEE.     GOVERNOR’S COMMUNITY PARTNERSHIP FOR SAFE CHILDREN … 5.811
FFF.     GOVERNOR’S SPORTSMEN’S ADVISORY COUNCIL … 5.821
GGG.     GOVERNOR’S ADVISORY COMMISSION ON PUBLIC SCHOOL FINANCE … 5.841
HHH.     GOVERNOR’S EXECUTIVE COUNCIL ON RECYCLING DEVELOPMENT AND WASTE REDUCTION … 5.861
III.     GOVERNOR’S SPORTS AND EXPOSITION FACILITIES TASK FORCE … 5.871
JJJ.     IMPLEMENTATION OF THE IMPACCT COMMISSION RECOMMENDATIONS … 5.891
KKK.     MUNICIPAL WASTE FACILITIES REVIEW PROGRAM … 5.901
LLL.     GOVERNOR’S ADVISORY COMMISSION ON ACADEMIC STANDARDS … 5.921
MMM.     PENNSYLVANIA CENTER FOR ENVIRONMENTAL EDUCATION … 5.931
NNN.     GOVERNOR’S TRAVEL AND TOURISM COUNCIL … 5.941
OOO.     GOVERNOR’S GREEN GOVERNMENT COUNCIL … 5.951
PPP.     [Reserved] … 5.961
QQQ.     PENNSYLVANIA GREENWAYS PARTNERSHIP COMMISSION … 5.981
RRR.     GOVERNOR’S INTERAGENCY TASK FORCE ON ENERGY … 5.991

Subchapter A. GOVERNOR’S TRAFFIC SAFETY COUNCIL


Sec.


5.1.    Composition.
5.2.    Functions.
5.3.    Administration.
5.4.    [Reserved].

Source

   The provisions of this Subchapter A adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923, unless otherwise noted.

§ 5.1. Composition.

 (a)  The following agency heads or designated deputies will serve in person as members of the Governor’s Traffic Safety Council (GTSC):

   (1)  The Secretary of Transportation, Chairman.

   (2)  The Director of the Governor’s Policy Office.

   (3)  The Secretary of Health.

   (4)  The Commissioner of the Pennsylvania State Police.

   (5)  The Secretary of Education.

 (b)  The President Pro Tempore of the Senate and the Speaker of the House are each requested to designate one member of their respective bodies to serve as members of the GTSC.

 (c)  The Chief Justice of the Supreme Court is requested to designate a representative to serve as a member of the GTSC.

Source

   The provisions of this §  5.1 adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, effective April 19, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated May 11, 1987, effective May 11, 1987, 17 Pa.B. 2132; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial pages (172702) to (172703).

§ 5.2. Functions.

 The functions of the GTSC are to provide advice, leadership and recommendations to the Governor and citizens on highway safety issues in order to continue to improve safe highway mobility throughout this Commonwealth.

Source

   The provisions of this §  5.2 adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, effective April 19, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated May 11, 1987, effective May 11, 1987, 17 Pa.B. 2132; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial page (172703).

§ 5.3. Administration.

 (a)  The GTSC shall meet at least twice each year. Additional meetings shall be at the discretion of the Chairperson.

 (b)  The Deputy Secretary for Highway Administration is designated as the Governor’s Highway Safety representative to carry out the responsibilities and functions of the Highway Safety Act of 1986 (23 U.S.C.A. § §  105, 307 and 401—408).

 (c)  The Director, Bureau of Highway Safety and Traffic Engineering, will serve as Secretary to the GTSC and Coordinator of Highway Safety Programs.

Source

   The provisions of this §  5.3 adopted by Executive Order No. 1975-4, dated March 3, 1975, 5 Pa.B. 471; amended by Executive Order No. 1980-8, dated April 1, 1980, effective April 19, 1980, 10 Pa.B. 1586; amended by Executive Order No. 1987-10, dated May 11, 1987, effective May 11, 1987, 17 Pa.B. 2132; amended by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial page (172703).

§ 5.4. [Reserved].


Source

   The provisions of this §  5.4 adopted by Executive Order No. 1987-10, dated May 11, 1987, 17 Pa.B. 2132; reserved by Executive Order No. 1987-10, dated November 25, 1992, 23 Pa.B. 923. Immediately preceding text appears at serial page (172703).

Subchapter B. [Reserved]



Subchapter C. [Reserved]



Subchapter D. [Reserved]



Subchapter E. [Reserved]



Source

   The provisions of this Subchapter E adopted by Executive Directive No. 52 dated November 1, 1972, 2 Pa.B. 2351, amended by Executive Order No. 1978-5, dated March 14, 1978, 8 Pa.B. 787; rescinded by Executive Order No. 1979-10, dated July 25, 1979, effective July 1, 1979, 9 Pa.B. 2615, unless otherwise noted.

Subchapter F. PENNSYLVANIA COMMISSION FOR WOMEN


Sec.


5.61.    Functions.
5.62.    Composition.
5.63.    Terms of membership.
5.64.    Compensation.
5.65.    Relationship with other agencies.
5.66.    [Reserved].
5.67.    Procedures.
5.68.    Effective date.
5.69.    Rescission.

Source

   The provisions of this Subchapter F adopted by Executive Order No. 1975-3, dated February 27, 1975, 5 Pa.B. 709; amended by Executive Order No. 1997-3, dated June 25, 1997, 27 Pa.B. 4721, amended by Executive Order No. 2003-6, dated June 22, 2003, 33 Pa.B. 2480, unless otherwise noted. Immediately preceding text appears at serial pages (233908) to (233911).

§ 5.61. Functions.

 The Pennsylvania Commission for Women shall:

   (1)  Monitor women’s educational and employment needs and opportunities.

   (2)  Promote job training, educational programs and upward mobility for women.

   (3)  Encourage the development of and access to funding for small business enterprises owned or operated by women.

   (4)  Promote women for appointed positions in State government, the judicial system and local government.

   (5)  Maintain a current directory of programs affecting women that are administered by agencies of the Commonwealth.

   (6)Issue periodically a report on new State laws, regulations and governmental policies affecting women.

   (7)  Serve as a liaison between government and nongovernmental groups and organizations whose purposes relate to the interests of women.

   (8)  Assist women’s groups to institute local self-help activities designed to meet educational, employment and related needs.

   (9)  Using the Commission’s web site, toll-free hotline, and other current technologies, serve as a data bank for collecting and disseminating information, including information regarding proposed legislation, regulations and other governmental policies that would affect women.

   (10)  At times and in the manner as the Commission might deem appropriate, provide to the Governor and the General Assembly reports and recommendations for legislative or other governmental action.

   (11)  Perform other functions that it deems appropriate in furtherance of its responsibilities.

§ 5.62. Composition.

 (a)  The Pennsylvania Commission for Women (Commission) consists of members appointed by the Governor, in the number the Governor deems appropriate. The majority and minority leaders of both chambers of the General Assembly shall each provide a list to the Governor of four candidates, and the Governor will appoint two members of the Commission from each list. The members shall, to the extent practicable, represent diverse geographic, racial and ethnic groups and shall have expertise in fields such as aging, health care, business, education, agriculture, public welfare, child care, insurance and finance, labor, law and corrections.

 (b)  The Governor will, in consultation with the Commission members, designate one Commission member to serve as chairperson and one Commission member to serve as vice-chairperson. The chairperson and vice-chairperson serve at the pleasure of the Governor.

 (c)  The Governor will appoint an Executive Director of the Commission, who will serve at the pleasure of the Governor. The Executive Director shall report to the Governor and shall act at the Governor’s direction in taking action to initiate and implement the purposes of this subchapter and to implement the actions of the Commission. The Chairperson of the Commission shall act as liaison between the Commission and the Executive Director.

 (d)  The Executive Director shall, with the approval of the Governor, employ other persons as needed for the proper administration of the Commission.

§ 5.63. Terms of membership.

 (a)  Members shall be appointed for terms of 2 years and thereafter until their respective successors are appointed and qualified, but for no longer than 6 months after the conclusion of the 2-year term. A member may be reappointed. Members serve at the pleasure of the Governor.

 (b)  If a vacancy occurs on the Commission due to resignation, disability or death of a member, the Governor will appoint a successor as expeditiously as possible. The successor shall serve the duration of the unexpired term.

 (c)  A member who is absent from two consecutive meetings of the Commission without excuse shall forfeit membership on the Commission.

§ 5.64. Compensation.

 Members of the Pennsylvania Commission for Women receive no compensation for their service, except that members may be reimbursed for actual travel and related expenses in accordance with Commonwealth policy.

§ 5.65. Relationship with other agencies.

 To implement the purpose of this subchapter, the Commission may request and receive from any department, division, board, bureau, commission, or any other agency of the State or any political subdivision thereof or public authority, cooperation, assistance, information, and data needed by the Commission to properly carry out its powers and duties hereunder.

§ 5.66. [Reserved].

§ 5.67. Procedures.

 (a)  The Commission meets quarterly and a majority of the Commissioners serving at any time constitutes a quorum.

 (b)  The Commission is authorized to establish subcommittees and rules and procedures for the effective implementation of its functions consistent with this subchapter.

§ 5.68. Effective date.

 This order is effective June 22, 2003, and shall continue in effect unless revised or modified by the Governor.

§ 5.69. Rescission.

 Executive Order 1997-3 is rescinded.

Subchapter G. [Reserved]



Subchapter H. COUNCIL FOR SEXUAL MINORITIES


Sec.


5.91.    Policy.
5.92.    Composition of Council.
5.93.    Functions.
5.94.    Procedures.
5.95.    Duties of Agencies.

Source

   The provisions of this Subchapter H adopted October 22, 1976, 6 Pa.B. 2640, amended October 6, 1978, 8 Pa.B. 2711 unless otherwise noted.

§ 5.91. Policy.

 The council is established to work towards ending discrimination against persons because of their sexual or affectional orientation. There may be no discrimination by any Commonwealth department, board, commission or other official entity under the Governor’s jurisdiction, or any representative thereof, because of sexual or affectional orientation in hiring or employment, housing, credit, contracting, provisions of services or other matters whatsoever. Nothing, however, in this subchapter may be construed to require a review or statistical analyses of the composition of the work force or other class of persons affected hereby.

§ 5.92. Composition of Council.

 (a)  The Pennsylvania Council for Sexual Minorities shall be composed of not more than 37 members. The Attorney General, the Secretaries of the Departments of Health, Labor and Industry, Public Welfare and Education, the State Police Commissioner, the Secretary of Administration, the Commissioner of Corrections, the Executive Directors of the Pennsylvania Human Relations Commission and the Governor’s Council for Drug and Alcohol Abuse, and the Director of the Commission for Women, or a representative designated by them, shall serve as ex officio members. The remaining members will be appointed by the Governor from the general public.

 (b)  The Governor shall designate one member as Chairperson of the Council.

 (c)  Members of the Council shall serve for terms of 1 or 2 years as the Governor shall designate. The Governor shall fill vacancies which may occur.

 (d)  Members of the Council from the general public shall serve without salary but shall be reimbursed for necessary expenses incurred while attending official Council meetings and performing other official functions as the Chairperson, with the written approval of the Governor’s Office, shall prescribe.

§ 5.93. Functions.

 (a)  The Council shall study problems of sexual minorities and make recommendations to the Governor as to policy, program, and legislative changes needed to further the goal of obtaining equal rights for all persons.

 (b)  The Council shall work with State agencies to end discrimination against Commonwealth employes, clients, the general public and employes of firms which contract with the Commonwealth solely on the basis of their affectional or sexual preference.

 (c)  The Council shall work to educate State personnel and the public in general concerning problems and issues affecting sexual minorities. The Council shall outline plans for educating state employes concerning the problems of sexual minorities, review these plans with appropriate agency officials, develop timetables for their implementation, provide qualified speakers for educational seminars it shall organize, and evaluate the results of its programs.

 (d)  The Council is authorized to receive complaints from persons claiming that they have been the victims of discrimination for their sexual or affectional orientation. Where feasible, the complaints shall be referred to the appropriate agency for resolution. The Council shall compile a record of complaints received and their disposition. Agencies receiving the complaints directly will inform the Council of their nature and disposition.

§ 5.94. Procedures.

 (a)  The Council shall adopt rules of procedures consistent with the provisions of this subchapter. The rules shall, where appropriate, provide safeguards for the confidentiality of complaints.

 (b)  The Council shall convene for meetings or hearings at the call of its Chairperson. A majority of appointed members shall constitute a quorum for the purpose of conducting the business of the Council. A vote of the majority of members present shall be sufficient for all actions of the Council.

 (c)  The Council shall issue an annual report to the Governor.

§ 5.95. Duties of Agencies.

 Agencies under the jurisdiction of the Governor are hereby directed to cooperate with the Pennsylvania Council for Sexual Minorities, to supply the Council with information requested in order that goals of this subchapter may be realized, and to work with the Council to educate agency employes on the problems of sexual minorities. In addition, those agencies and departments not otherwise represented on the Council shall send a representative to Council meetings when so requested by the Chairperson.

Subchapter I. [Reserved]



Subchapter J. PHYSICAL FITNESS AND SPORTS


Sec.


5.111.    Appointment of members.
5.112.    Terms of membership.
5.113.    Functions.
5.114.    Cooperation by agencies.
5.115.    Effective date.
5.116.    Rescission.

Source

   The provisions of this Subchapter J adopted October 22, 1976, 6 Pa.B. 2640; amended by Executive Order No. 1991-4, dated April 22, 1991, 21 Pa.B. 2547; amended by Executive Order No. 1997-5, dated September 24, 1997, 27 Pa.B. 5398, unless otherwise noted. Immediately preceding text appears at serial pages (200938) to (200940).

§ 5.111. Appointment of members.

 (a)  The Governor Advisory Council on Physical Fitness and Sports (Council) consists of 15 individuals, all of whom are appointed by, and serve at the pleasure of, the Governor representing various sectors, including business and labor, amateur and professional sports, education, local and State governments, other State agencies, persons with special needs and the general public. The Secretary of Health, the Physician General and the Secretary of Education serve as ex-officio members. The Secretary of Health and Secretary of Education may designate a representative to serve in the Secretary’s place.

 (b)  The Governor designates one Council member to serve as chairperson. The chairperson serves at the pleasure of the Governor.

§ 5.112. Terms of membership.

 (a)  Members are appointed for terms of 2 years and continue to serve thereafter until their successors have been appointed. If a vacancy occurs during a member’s term, a successor will be appointed by the Governor.

 (b)  Upon the expiration of a term of an appointed member, the successor is appointed for a term of 2 years.

§ 5.113. Functions.

 The Governor’s Council on Physical Fitness and Sports:

   (1)  Enlists active community support by creating partnerships with individual citizens, civic and professional groups, amateur and professional athletes, business and labor groups, educational institutions, health care providers and volunteer organizations in an effort to promote and improve physical fitness activities for the citizens of this Commonwealth.

   (2)  Seeks to strengthen and coordinate State services and programs relating to physical fitness, recreation and sports by making recommendations to the Department of Health and other State agencies as appropriate.

   (3)  Encourages local governments to enhance physical fitness activities and facilities.

   (4)  Assists in promoting school health and physical education programs throughout this Commonwealth.

   (5)  Encourages development of community-centered sports and physical activity programs throughout this Commonwealth.

   (6)  Recognizes outstanding contributions and achievements by individuals and groups for their efforts to promote physical activity.

   (7)  Promotes events throughout this Commonwealth that integrate physical activity with disease prevention and health promotion initiatives.

   (8)  Encourages physical fitness among special populations, such as older Pennsylvanians, persons with disabilities and employes in the workplace.

   (9)  Works with other groups concerned with promoting physical activity, such as the President’s Council on Physical Fitness and Sports and other State and National organizations.

§ 5.114. Cooperation by State agencies.

 The Department of Health is the lead agency for the Governor’s Council on Physical Fitness and Sports (Council) and provides administrative support. All agencies under the Governor’s jurisdiction shall cooperate fully with the Governor’s Council and provide assistance and information as needed by the Council to carry out its functions effectively.

§ 5.115. Effective date.

 This subchapter is effective October 18, 1997.

§ 5.116. Rescission.

 Executive Order 1991-4 is rescinded.

Subchapter K. SEASONAL FARMWORKERS


Sec.


5.121.    Establishment and composition.
5.122.    Commonwealth Plan.
5.123.    Council duties.
5.124.    Executive Secretary.
5.125.    Advisory Committee.

Source

   The provisions of this Subchapter K adopted October 22, 1976, 6 Pa.B. 2640, amended November 17, 1978, 8 Pa.B. 3191, unless otherwise noted.

§ 5.121. Establishment and composition.

 (a)  The Governor’s Interdepartmental Council on Seasonal Farmworkers is hereby established.

 (b)  The Council shall be composed of the Secretary of Community Affairs, who shall serve as Chairman, the Secretaries of Revenue, Environmental Protection, Agriculture, Education, Public Welfare, Health, and Labor and Industry, the Commissioner of the Pennsylvania State Police, the Chairman of the Liquor Control Board, and the Attorney General.

§ 5.122. Commonwealth plan.

 Members of the Interdepartmental Council shall be responsible for developing and overseeing the implementation of a Commonwealth Plan to protect the legal rights of, improve the conditions of employment and housing of, and deliver health, education, training and social services to seasonal farmworkers. The Plan shall include, but not be limited to, methods for:

   (1)  Coordinating migrant programs and services of Commonwealth agencies.

   (2)  Coordinating field surveys, research, studies and investigations relating to conditions and problems of seasonal farmworkers.

   (3)  Reviewing grants and contracts coming to or emanating from Commonwealth agencies which affect seasonal farmworkers.

   (4)  Establishing priorities for allocations of Federal and State funds to programs and services for seasonal farmworkers.

§ 5.123. Council duties.

 The Interdepartmental Council shall:

   (1)  Meet at least six times annually.

   (2)  Review the administration and operation of service and enforcement programs and make recommendations for improvements.

   (3)  Oversee implementation of the Commonwealth Plan.

§ 5.124. Executive Secretary.

 The Secretary of Community Affairs shall appoint a member of his staff to serve as Executive Secretary of the Interdepartmental Council. The Executive Secretary shall, on a day-to-day basis, oversee implementation of the Commonwealth Plan and serve as liaison with individuals and agencies outside of State Government concerned with the problems of seasonal farmworkers.

§ 5.125. Advisory committee.

 There is hereby established an Advisory Committee to the Interdepartmental Council. It shall consist of no fewer than ten nor more than 20 members appointed by the Interdepartmental Council from seasonal farmworkers, nonprofit organizations providing services to seasonal farmworkers, and representatives of the agricultural industry. Members of the Advisory Committee shall be selected in such a manner so as to assure that the Advisory Committee represents a balanced cross section of opinions and interests. The Advisory Committee shall meet at the Council’s discretion and members of the Advisory Committee shall serve at the pleasure of the Council. Members of the Advisory Committee shall be reimbursed in accordance with procedures established by the Governor’s Office for expenses necessarily incurred in the discharge of their official duties.

Subchapter L. [Reserved]



Subchapter M. DEVELOPMENTAL DISABILITIES
PLANNING COUNCIL


Sec.


5.141.    Establishment.
5.142.    Council function.
5.143.    Composition of Council.
5.144.    Council responsibilities.
5.145.    Council administration and support services.
5.146.    Cooperation by State agencies.
5.147.    Definition.
5.148.    Rescission.

Source

   The provisions of this Subchapter M adopted by Executive Order No. 1979-9, dated July 25, 1979, effective July 1, 1979, 9 Pa.B. 2613; amended by Executive Order No. 1979-9, dated August 24, 1981, 11 Pa.B. 3212; amended by Executive Order No. 1989-4, dated March 8, 1989, 19 Pa.B. 1521; amended by Executive Order No. 1997-2, dated May 30, 1997, 27 Pa.B. 3207, unless otherwise noted. Immediately preceding text appears at serial pages (200942) to (200945).

§ 5.141. Establishment.

 The Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994, Pub. L No. 103-230, amended substantially the earlier enacted statutes which governed the operation of the Pennsylvania Developmental Disabilities Planning Council. To advance further the development within this Commonwealth of a responsive system of services for individuals with developmental disabilities and to fulfill to the maximum extent practicable the goals of Pub. L. No. 103-230, the Developmental Disabilities Council (referred to as the Council) is established.

§ 5.142. Council function.

 (a)  The mandate of the Council is to carry out the duties of a State planning council specified in applicable Federal laws and regulations and this subchapter and to advise the Governor on all matters affecting individuals with developmental disabilities in this Commonwealth. Federal policy articulated in Pub. L. No. 103-230 states that individuals with developmental disabilities and their families have competencies, capabilities and personal goals that should be recognized, supported and encouraged, and any assistance to these individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities and capabilities of these individuals.

 (b)  The Council shall promote, through systemic change, capacity building and advocacy activities consistent with the policy of Pub. L. No. 103-230 stated in subsection (a), the development of a consumer and family-centered, comprehensive system, and a coordinated array of culturally competent services, supports and other assistance designed to achieve independence, productivity and integration and inclusion into the community for individuals with developmental disabilities.

 (c)  Duties and obligations of the designated State agency and the Council will be governed by applicable Federal and Commonwealth laws, regulations and procedures.

§ 5.143. Composition of Council.

 (a)  The Council shall be composed of the Secretary of Public Welfare, the Secretary of Education, the Secretary of Health, the Secretary of Aging and the Secretary of Labor and Industry, or their designees, and 15 other members to be appointed by the Governor, including representatives of institutions of higher education, university affiliated programs in this Common wealth, the State protection and advocacy system, local agencies, nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities in this Commonwealth in which these agencies and groups are located.

 (b)  The Governor will select members of the Council, at his discretion, after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council shall coordinate Council and public input to the Governor regarding all recommendations. To the extent feasible, the membership of the Council shall be geographically representative of this Commonwealth and reflect the diversity of this Commonwealth with respect to race and ethnicity.

 (c)  Ex officio members shall continue to serve as long as they hold office. All other members shall serve terms as determined by the Governor at the time of appointment to rotate membership on the Council. Members shall continue to serve on the Council until the members’ successors are appointed. The Council shall notify the Governor regarding membership requirements when vacancies remain unfilled for a significant period of time.

 (d)  At least 50% of the membership of the Council shall consist of individuals who are:

   (1)  Individuals with developmental disabilities.

   (2)  Parents or guardians of children with developmental disabilities.

   (3)  Immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves.

   (4)  Not employes of a State agency that receives funds or provides services made available under Pub. L. No. 103-230, and who are not managing employes (as defined in section 1126(b) of The Social Security Act (42 U.S.C.A. §  1320a-5)) of any other entity that receives funds or provides services under Pub. L. No. 103-230.

 (e)  Of the members of the Council described in subsection (d):

   (1)  One-third shall be individuals with developmental disabilities as described in subsection (d)(1).

   (2)  One-third shall be parents of children with developmental disabilities as described in subsection (d)(2) and immediate relatives or guardians of adults with mentally impairing developmental disabilities as described in subsection (d)(3).

   (3)  One-third shall be a combination of individuals described in subsection (d).

 (f)  Of the members of the Council described in subsection (e), at least one shall be an immediate relative or guardian of an institutionalized or previously institutionalized individual with a developmental disability or an individual with a developmental disability who resides or previously resided in an institution.

 (g)  The Governor will appoint a Chairperson of the Council who shall serve for 2 years and may thereafter be reappointed. The Council may make recommendations to the Governor concerning the appointment or reappointment of a Chairperson.

§ 5.144. Council responsibilities.

 As outlined in Pub. L. No. 103-230, the Council shall have the following responsibilities:

   (1)  Serve as advocate for systemic change, capacity building and advocacy activities.

   (2)  Examine priority areas.

   (3)  Develop and submit a State plan.

   (4)  Implement the State plan by various activities including demonstration of new approaches, outreach, training, supporting communities, interagency collaboration and coordination, coordination with related councils, committees and programs, barrier elimination, systems design, citizen participation, public education, coalition development, informing policymakers and prevention.

   (5)  Monitor the State plan.

   (6)  Review of designated State agency.

   (7)  Submit periodic reports.

   (8)  Develop a Council budget.

   (9)  Hire, supervise and assign staff.

§ 5.145. Council administration and support services.

 (a)  Members of the Council and its committees shall serve without salary but shall be reimbursed for reasonable and necessary expenses for attending Council meetings and performing Council duties, including child care and personal assistance services.

 (b)  The Council shall, consistent with State law, recruit and hire a Director of the Council, should the position of Director become vacant, and shall supervise and evaluate annually the Director.

 (c)  The Director shall hire, supervise and evaluate annually the staff of the Council. Council recruitment and hiring of staff shall be consistent with Federal and State nondiscrimination laws. Dismissal of personnel shall be consistent with State law and personnel policies. The staff and other personnel, while working for the Council, shall be responsible solely for assisting the Council in carrying out its duties and may not be assigned duties by the designated State agency or any other agency or office of the Commonwealth.

 (d)  The Council is not subject to Commonwealth policies on hiring freezes, reductions in force, prohibitions on staff travel or other policies, to the extent that these policies would impact staff or functions funded with Federal funds and would prevent the Council from carrying out its functions.

 (e)  Until the provisions of subsection (f) are implemented, the responsibilities of the designated State agency shall temporarily be continued by the Office of the Secretary of the Department of Public Welfare and staff to the Council shall be assigned to the Department of Public Welfare for complement and administrative purposes.

 (f)  The Council shall conduct a review of the designation of the Department of Public Welfare (Department) as the designated State agency and submit its recommendations to the Governor to assure compliance with Pub. L. No. 103-230. During this review and until its completion, the Department shall ensure the provision of adequate staff which shall participate with the Council in preparation of the Developmental Disabilities State Plan. Furthermore, the Department shall provide assurances and support services, as requested by and negotiated with the Council, in support of its duties and functions.

 (g)  The five principal departments which may be involved in the implementation of the Developmental Disabilities State Plan, Health, Aging, Education, Public Welfare and Labor and Industry, shall designate specific personnel to work with the Council and the administrative unit to ensure their ability to perform mandated functions.

 (h)  The Council shall adopt rules of procedure consistent with this subchapter, Pub. L. No. 103-230, regulations and guidelines issued by the Department of Health and Human Services, and applicable Commonwealth laws, regulations and procedures.

§ 5.146. Cooperation by State agencies.

 Commonwealth agencies under the jurisdiction of the Governor shall cooperate fully with the Developmental Disabilities Council and shall provide assistance and information as needed to carry out the functions in an effective manner.

§ 5.147. Definition.

 As used in this subchapter and as defined in Pub. L. No. 103-230, the term ‘‘developmental disability’’ means a severe, chronic disability of an individual 5 years of age or older that:

   (1)  Is attributable to a mental or physical impairment or a combination of mental and physical impairments.

   (2)  Is manifested before the individual attains age 22.

   (3)  Is likely to continue indefinitely.

   (4)  Results in substantial functional limitations in three or more of the following areas of major life activity:

     (i)   Self-care.

     (ii)   Receptive and expressive language.

     (iii)   Learning.

     (iv)   Mobility.

     (v)   Self-direction.

     (vi)   Capacity for independent living.

     (vii)   Economic self-sufficiency.

   (5)  Reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, supports or other assistance that is of lifelong or extended duration and is individually planned and coordinated.

   (6)  When the term is applied to infants and young children, it means individuals from birth to 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

§ 5.148. Rescission.

 Executive Order 1979-9, Executive Order 1981-9 and Executive Order 1989-4 are rescinded.

Subchapter N. [Reserved]



Subchapter O. [Reserved]



Subchapter P. [Reserved]



Subchapter Q. PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND PENNSYLVANIA ENERGY
DEVELOPMENT AUTHORITY


Sec.


5.181—5.185.      [Reserved].
5.186.      Monitoring supplies of petroleum products.
5.187.      Designation of the Department of Environmental Protection.

Source

   The provisions of this Subchapter Q adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513, unless otherwise noted.

§ 5.181. [Reserved].


Source

   The provisions of this §  5.181 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; reserved by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial pages (157805) to (157806).

§ 5.182. [Reserved].


Source

   The provisions of this §  5.182 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; amended by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial pages (157806) and (120045).

§ 5.183. [Reserved].


Source

   The provisions of this §  5.183 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; amended by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial pages (120045) to (120046).

§ 5.184. [Reserved].


Source

   The provisions of this §  5.184 adopted Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; reserved by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319. Immediately preceding text appears at serial page (115633).

§ 5.185. [Reserved].


Source

   The provisions of this §  5.185 adopted by Executive Order No. 1979-7, dated July 19, 1979, effective August 4, 1979, 9 Pa.B. 2513; amended by Executive Order No. 1987-15, dated July 22, 1987, effective July 22, 1987, 17 Pa.B. 3319; amended by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982. Immediately preceding text appears at serial page (120046).

§ 5.186. Monitoring supplies of petroleum products.

 The Pennsylvania Emergency Management Agency is designated as the agency responsible for monitoring supplies of petroleum products and for implementing petroleum allocation measures in the event of a petroleum emergency.

Source

   The provisions of this §  5.186 adopted by Executive Order No. 1995-4, dated July 10, 1995, 25 Pa.B. 2982.

§ 5.187. Designation of the Department of Environmental Protection.

 (a)  Designated agency. The Department of Environmental Protection, in addition to other duties conferred by the laws of the Commonwealth, is designated as the agency primarily responsible for providing staff services to the Pennsylvania Energy Development Authority (PEDA). The PEDA will refer any projects which require the issuance of debt to the Pennsylvania Economic Development Financing Authority for the issuance of bonds or notes.

 (b)  Rescission. Executive Order 1995-3 is rescinded.

Source

   The provisions of this §  5.187 adopted by Executive Order No. 1995-3, dated July 10, 1995, 25 Pa.B. 2982; amended by Executive Order No. 2004-5, dated April 8, 2004, 34 Pa.B. 2287. Immediately preceeding text appears at serial page (263871).

Subchapter R. PENNSYLVANIA WORKFORCE INVESTMENT BOARD


Sec.


5.191.    Purpose.
5.192.    Composition.
5.193.    Chairperson and vice chairperson.
5.194.    Administration and staff.
5.195.    Cooperation of State agencies.
5.196.    Designation as the Commonwealth’s State Workforce Investment Board.
5.197.    Quorum.
5.198.    Meetings.
5.199.    Committees.
5.200.    Compensation.
5.200a.    Rescission.

Source

   The provisions of this Subchapter R amended by Executive Order No. 1981-9, dated July 15, 1981, 11 Pa.B. 2733; amended by Executive Order No. 1981-9, dated April 27, 1982, 12 Pa.B. 1531; amended by Executive Order No. 2000-2, dated February 14, 2000, 30 Pa.B. 1469, unless otherwise noted.

§ 5.191. Purpose.

 The purpose of the Board is to assist the Governor in:

   (1)  Development of a unified plan for workforce development system.

   (2)  Development and continuous improvement of a Statewide one-stop delivery system for workforce services.

   (3)  Development of linkages to ensure coordination and nonduplication among workforce programs.

   (4)  Designation of local workforce investment areas.

   (5)  Review and approval of local workforce investment plans.

   (6)  Coordinate with other Team Pennsylvania activities to develop a workforce development system that is market-driven and responsive to the needs of this Commonwealth’s employers by supporting the primary goals of Team Pennsylvania which are to:

     (i)   Promote this Commonwealth to specific companies considering expansion and relocation.

     (ii)   Assist with business retention efforts.

     (iii)   Ensure that the Commonwealth’s economic development strategies continue to be focused and effective.

     (iv)   Improve communication and collaboration among professionals serving businesses in this Commonwealth.

   (7)  Establish a rapid response mechanism to mobilize training resources to address the skill requirements for business retention or attraction opportunities created by major job projects of the Governor’s Action Team or local economic developers.

   (8)  Collaborate and coordinate with State agencies and State boards and commissions that shape economic development and education policies of the Commonwealth, including the Ben Franklin/IRC Partnership Board, the State Board of Education, the State Literacy Council, the Pennsylvania Apprenticeship and Training Council, the State Board of Vocational Rehabilitation, the State System of Higher Education, the State-related universities and the Pennsylvania Higher Education Assistance Agency, to develop Statewide policies that connect workforce development with lifelong learning and economic competitiveness.

   (9)  Collaborate with the Department of Community and Economic Development to ensure that the Statewide financing strategy for economic development reported to the General Assembly supports, and is supported by, the goals and objectives of this Commonwealth’s workforce development system.

   (10)  Collaborate with the Department of Public Welfare to ensure that the Statewide welfare-to-work strategy established to meet the demands of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the act of August 22, 1996 (Pub. L. No. 104-193, 110 Stat. 2105) supports, and is supported by, the goals and objectives of this Commonwealth’s workforce development system.

   (11)  Comment at least annually on the measures taken under section 113 (b)(14) of the Carl D. Perkins Vocational and Technology Education Act of 1998 (20 U.S.C.A. §  2322(b)(14)).

   (12)  Coordinate the provision of services among State agencies consistent with the laws and regulations governing the human resources programs and Pennsylvania’s unified plan for workforce investment. For purposes of this order, applicable State and Federal laws include the following:

     (i)   The Workforce Investment Act of 1998, the act of August 7, 1998 (Pub. L. No. 105-220, 112 Stat. 936)

     (ii)   The Job Training Partnership Act, the act of October 13, 1982 (Pub. L. No. 97-300, 96 Stat. 1322)

     (iii)   The Carl D. Perkins Vocational and Applied Technology Education Act, the act of December 18, 1963 (Pub. L. No. 88-210).

     (iv)   The Wagner-Peyser Act (29 U.S.C.A. § §  49—49l-2).

     (v)   The Adult Education and Family Literacy Act (20 U.S.C.A. § §  9201—9253).

     (vi)   The School-to-Work Opportunities Act of 1994 (20 U.S.C.A. § §  6101—6251).

     (vii)   The National and Community Service Trust Act of 1993, the act of September 21, 1993 (Pub. L. No. 103-82, 107 Stat. 785).

     (viii)   Title V of the Older Americans Act of 1965 (42 U.S.C.A. § §  3056—3056i).

     (ix)   The Rehabilitation Act Amendments of 1998 (29 U.S.C.A. § §  701—795n).

     (x)   The Community Service Block Grant Amendments of 1994, the act of May 18, 1994 (Pub. L. No. 103—252, 108 Stat. 651) (42 U.S.C.A. §  9910c).

     (xi)   The Food Stamp Act of 1977 (Food Stamp Employment Training Program) (7 U.S.C.A. § §  2011—2036).

     (xii)   The Trade Act of 1974 (19 U.S.C.A. § §  2101—2495).

     (xiii)   The Customized Job Training Act (24 P. S. § §  6201—6213).

     (xiv)   The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

     (xv)   Article XIX-A of the Pennsylvania School Code of 1949 (Community Colleges) (24 P. S. § §  19-1901-A—19-1913-A).

     (xvi)   The Worker’s Compensation Act (77 P. S. § §  1—1041.4).

     (xvii)   The Unemployment Compensation Law (43 P. S. § §  751—914).

     (xviii)   The New Economy Technology Scholarship Act (24 P. S. § §  5199.1—5199.9).

     (xix)   Section 906-B of The Administrative Code of 1929, regarding inmate education programs (71 P. S. §  310-6).

     (xx)   Other laws that the Governor or Board believes necessary to implement the workforce development system.

   (13)  Evaluate State and local plans and proposals submitted for the implementation of the Federal and State human resource programs, and approve those plans that are consistent with the laws and regulations governing those programs and with the policies and priorities established by the Board.

   (14)  Develop strategies to assist local workforce investment boards in providing support services including, child care and transportation to better meet the needs of system customers.

   (15)  Develop and advance strategies for local workforce investment boards to work collaboratively to create regional networks.

   (16)  Coordinate the following components of this Commonwealth’s workforce development system:

     (i)   The development and dissemination of appropriate and necessary research and statistical information with the requisite protocols and standards for common data reference.

     (ii)   The development of common definitions and common and specific performance standards and measures for workforce development programs and activities.

     (iii)   The establishment and maintenance of a universally accessible information access system which enables the workforce development system to function and to serve its customers effectively.

     (iv)   The provision of technical assistance to assist local workforce investment boards in meeting any changes associated with a new workforce development system.

     (v)   The implementation of mechanisms, including the collaborative process outlined in Federal law, to secure appropriate input from system customers and service providers in the development of policies, performance standards or investment strategies.

   (17)  Examine Federal and State laws and regulations to assess whether they present barriers to achieving the provisions of this subchapter, and recommend to the Governor and to the Federal government changes or waivers in the Federal or State statutes or regulations to eliminate barriers and promote the provisions of this subchapter.

   (18)  Report to the Governor, the General Assembly and the Commonwealth generally the Board’s progress, the return on investment, and the overall effectiveness of the State and Federal human resource programs defined in this section.

§ 5.192. Composition.

 (a)  The Pennsylvania Workplace Investment Board (Board) is established in accordance with the composition requirements for State workforce investment boards found in section 111 of the Workforce Investment Act (29 U.S.C.A. §  2821) and shall include:

   (1)  The Governor or a designee.

   (2)  Two members of each chamber of the Legislature.

   (3)  Representatives appointed by the Governor, who are:

     (i)   Representatives of business, which shall include a private sector employer representative from each of the Team Pennsylvania regions and owners of businesses, chief executive officers and other business executives with optimum policymaking or hiring authority, including members of local workforce investment boards, and businesses that reflect the employment opportunities in this Commonwealth.

     (ii)   Chief elected officials.

     (iii)   Representatives of labor organizations.

     (iv)   Representatives of individuals and organizations experienced with respect to youth activities.

     (v)   Representatives of organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community based organizations in this Commonwealth.

     (vi)   Lead State agency officials including:

       (A)   The Secretary of Aging.

       (B)   The Secretary of Community and Economic Development.

       (C)   The Secretary of Education.

       (D)   The Secretary of Labor and Industry.

       (E)   The Secretary of Public Welfare.

       (F)   The Director of the Governor’s Policy Office.

     (vii)   Other representatives or State agency officials the Governor deems necessary.

 (b)  A majority of the members of the Board shall be representatives described in subsection (a)(3)(i). Staggered terms of offices shall be established to allow for continuous operation of the Board.

§ 5.193. Chairperson and vice chairperson.

 The Governor will designate, to serve at the Governor’s pleasure, one private-sector employer to serve as chairperson and one government representative to serve as vice chairperson of the Board.

§ 5.194. Administration and staff.

 (a)  A management committee shall be established comprised of Commonwealth government representatives of the Pennsylvania Workplace Investment Board (Board) which are authorized to make determinations relating to the management and administration of workforce development programs.

 (b)  The management committee shall develop an organizational framework for the conduct of the Board’s work and for meeting the Board’s staffing and support needs. The organizational framework may utilize existing staff structures or may constitute a new staffing arrangement.

§ 5.195. Cooperation of State agencies.

 (a)  The Pennsylvania Workplace Investment Board (Board) will develop and adopt applied operating principles to govern the relationships between and among executive State agencies and other governmental and private sector organizations which are participants in the system.

 (b)  Executive State agencies are instructed to implement the decisions made by the Board regarding the State and Federal human resource programs listed in this subchapter and other decisions directly related to the development, implementation and operation of the Commonwealth’s workforce development system.

 (c)  Executive State agencies are instructed to give to the Board necessary assistance required by the Board in the performance of its duties so far as is compatible with the authority and ability of each State agency.

 (d)  The policy and program offices of the Departments of Aging, Community and Economic Development, Education, Labor and Industry and Public Welfare shall provide personnel, equipment and resources, as may be required, for the functioning of the Board.

§ 5.196. Designation as the Commonwealth’s State Workforce Investment Board.

 The Pennsylvania Workplace Investment Board (Board) is designated as the Commonwealth’s State Workforce Investment Board in accordance with of the Workforce Investment Act of 1998, the act of August 7, 1998 (Pub. L. No. 105-220, 112 Stat. 936) and, as such, assumes the powers and responsibilities required of a State Workforce Investment Board, previously held by the Human Resources Investment Council.

§ 5.197. Quorum.

 A majority of the members shall constitute a quorum of the Pennsylvania Workplace Investment Board (Board) for the purpose of organizing and conducting business, and all action shall be taken by a vote of a majority of the members present. If a member cannot be present, the member may render a vote by proxy to another Board member.

§ 5.198. Meetings.

 The Pennsylvania Workplace Investment Board shall meet at such times and places it determines to be necessary.

§ 5.199. Committees.

 The Pennsylvania Workplace Investment Board (Board) has the authority to establish and to appoint members and delegate duties to committees, as it deems necessary, to fulfill its responsibilities. The committees will be chaired by a member of the Board.

§ 5.200. Compensation.

 Members of the Pennsylvania Workplace Investment Board receive no compensation, but are entitled to receive an allowance for expenses incurred in the performance of their duties.

§ 5.200a. Rescission.

 Executive Order 1997-7, Pennsylvania Human Resources Investment Council, is rescinded.

Subchapter S. CHILD DEVELOPMENT


Sec.


5.201.    Establishment.
5.202.    Functions.
5.203.    Organization.
5.204.    Executive agencies.

Source

   The provisions of this Subchapter S adopted by Executive Order No. 1978-6, dated March 14, 1978, 8 Pa.B. 788; amended by Executive Order No. 1979-10, dated July 25, 1979, effective July 1, 1979, 9 Pa.B. 2615, unless otherwise noted.

§ 5.201. Establishment.

 The Commonwealth Child Development Committee, is to be the people’s advocate for child development programs throughout the Commonwealth.

§ 5.202. Functions.

 The functions of The Commonwealth Child Development Committee shall be as follows:

   (1)  Design, publish, and continuously evaluate a comprehensive statewide plan for child development, with special attention given to early childhood programs and services. The plan is to show its relationship to other State plans for services to children and their families.

   (2)  Establish policies and procedures and provide technical assistance for the development of regional or district plans to articulate community priorities and needs.

   (3)  Recommend priorities for the allocation of Federal, State and local funds, based on identified gaps and inadequacies in services.

   (4)  Evaluate existing and proposed child development programs and plans for conformance to existing policy and to the statewide plan.

   (5)  Recommend administrative and statutory changes needed in the field of child development.

   (6)  On behalf of the Governor, approve and disapprove Head Start Program applications as provided for in Public Law 93-644, Title V, Section 516.

   (7)  Provide a public forum for the discussion of child development programs and problems.

   (8)  Serve as the state level committee for the Appalachian Regional Commission’s Child Development Program and exercise the responsibility required by this program and as the Governor may direct.

   (9)  Serve as a mechanism for airing differences of policy and procedure among State agencies providing services to young children.

§ 5.203. Organization.

 (a)  The Child Development Committee shall not exceed 25 members appointed by the Governor, one of whom shall be designated as Chairperson, and shall be composed as follows:

   (1)  The head of each of the following agencies is to designate one representative or, in the case of the Department of Public Welfare, two representatives from different program sectors, to serve as Committee members:

     (i)   Commission for Women

     (ii)   Department of Agriculture

     (iii)   Department of Community Affairs

     (iv)   Department of Education

     (v)   Department of Health

     (vi)   Department of Public Welfare

     (vii)   Governor’s Office of Budget and Administration

     (viii)   Governor’s Council on Drug and Alcohol Abuse

     (ix)   Office of State Planning and Development

   (2)  The remainder of the membership shall be representatives of local governments, private and voluntary agencies, and parents of children receiving services.

 (b)  Appointments shall be for a period of 2 years and may be renewed twice.

 (c)  The Chairperson of the Committee shall submit names of non-Committee members to serve on subcommittees and task forces of the Committee to the Secretary of Public Welfare for approval and appointment. Such appointments shall be renewed and approved on an annual basis.

 (d)  The Committee shall be housed in the Department of Public Welfare, which shall serve as the fiscal and administrative agent for the Committee.

§ 5.204. Executive agencies.

 All agencies under the jurisdiction of the Governor shall cooperate with and provide assistance as needed by the Committee in performing its functions.

Subchapter T. GOVERNOR’S ADVISORY COMMISSION ON
LATINO AFFAIRS


Sec.


5.211.      [Reserved].
5.212.      Functions.
5.213.      Composition of the Commission.
5.214.      Terms of membership.
5.215.      Compensation.
5.216.      Relationship with other agencies.
5.217.      Reports.
5.218.      Procedure.
5.219.      Rescission.
5.220—5.222.      [Reserved].

Source

   The provisions of this Subchapter T adopted by Executive Order No. 1978-12; amended by Executive Order No. 1979-16, dated December 4, 1979, effective December 22, 1979, 9 Pa.B. 4145, unless otherwise noted.

§ 5.211. [Reserved].


Source

   The provisions of this §  5.211 reserved by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611. Immediately preceding text appears at serial page (115638).

§ 5.212. Functions.

 The functions of the Commission are to:

   (1)  Make recommendations to the Governor on policies, procedures and legislation that would enhance the status of the Latino community in this Commonwealth.

   (2)  Serve as the Governor’s liaison to the Latino community on policies, procedures, legislation, and regulations that affect the Latino community to ensure that State government is accessible, accountable and responsive to the Latino community.

   (3)  Serve as a resource to all departments, commissions and agencies to ensure that they are cognizant of the needs of the Latino community and that this community benefits in an equitable fashion from their respective services and programs.

   (4)  Assist local Latino communities in developing strategies and programs that will enhance their social and economic status.

   (5)  Work with the administration to monitor the hiring, retention and promotion practices of the Commonwealth as they relate to the employment of Latinos to ensure that there are no discriminatory employment practices within the Commonwealth.

Source

   The provisions of this §  5.212 amended by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290; amended by Executive Order No. 2003-9, dated July 1, 2003, 33 Pa.B. 3600. Immediately preceding text appears at serial pages (214181) to (214182).

§ 5.213. Composition of the Commission.

 (a)  The Commission consists of 15 members to be appointed by the Governor who are representatives of this Commonwealth’s Latino community.

 (b)  The Governor will appoint an Executive Director of the Commission.

 (c)  The Governor will designate two Commission members to serve as cochairpersons of the Commission.

Source

   The provisions of this §  5.213 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290; amended by Executive Order No. 2003-9, dated July 1, 2003, 33 Pa.B. 3600. Immediately preceding text appears at serial page (214182).

§ 5.214. Terms of membership.

 (a)  Members will be appointed for a term of 2 years. All members shall serve at the pleasure of the Governor.

 (b)  If a vacancy occurs on the Commission due to resignation, disability or death of a member, a successor may be appointed by the Governor to serve the duration of the unexpired term. A successor so appointed may thereafter be reappointed.

Source

   The provisions of this §  5.214 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (213028).

§ 5.215. Compensation.

 Members of the Commission will not receive compensation for their service except that the members may be reimbursed for actual travel and related expenses in accordance with Commonwealth policy.

Source

   The provisions of this §  5.215 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (213028).

§ 5.216. Relationship with other agencies.

 To implement the purpose of this subchapter, the Commission may request and receive from any department, division, board, bureau, commission or any other agency of the State or any political subdivision thereof or public authority, cooperation, assistance, information and data needed by the Commission to properly carry out its powers and duties hereunder.

Source

   The provisions of this §  5.216 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (213029).

§ 5.217. Reports.

 The Commission shall submit reports, as it deems necessary, on issues affecting the Latino community in this Commonwealth.

Source

   The provisions of this §  5.217 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (200953).

§ 5.218. Procedure.

 The Commission is authorized to establish subcommittees and rules and procedures for the effective implementation of its functions consistent with this order.

Source

   The provisions of this §  5.218 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (200953).

§ 5.219. Rescission.

 Executive Order 1996-4 is rescinded.

Source

   The provisions of this §  5.219 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; amended by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290; amended by Executive Order No. 2003-9, dated July 1, 2003, 33 Pa.B. 3600. Immediately preceding text appears at serial page (214183).

§ § 5.220—5.222. [Reserved].


Source

   The provisions of these § §  5.220—5.222 adopted by Executive Order No. 1989-1, dated January 26, 1989, 19 Pa.B. 611; reserved by Executive Order No. 1996-4, dated April 19, 1996, 26 Pa.B. 2290. Immediately preceding text appears at serial page (200953).

Subchapter U. [Reserved]



Source

   The provisions of this Subchapter U adopted by Executive Order No. 1979-2, dated May 4, 1979, 9 Pa.B. 1598; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (46932) and (87911) to (87912).

Subchapter V. [Reserved]



Source

   The provisions of this Subchapter V adopted July 29, 1983, effective July 30, 1983, 13 Pa.B. 2341; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (87912) and (113753) to (113754).

Subchapter W. [Reserved]



Source

   The provisions of this Subchapter W adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456, unless otherwise noted.

   (Editor’s Note: Subchapter W was terminated Decebmer 31, 1994.) empty

§ 5.241. [Reserved].


Source

   The provisions of this §  5.241 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (135320). empty

§ 5.242. [Reserved].


Source

   The provisions of this §  5.242 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial pages (135320) and (127733). empty

§ 5.243. [Reserved].


Source

   The provisions of this §  5.243 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial pages (127733) to (127734). empty

§ 5.244. [Reserved].


Source

   The provisions of this §  5.244 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735). empty

§ 5.245. [Reserved].


Source

   The provisions of this §  5.245 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735). empty

§ 5.246. [Reserved].


Source

   The provisions of this §  5.246 adopted by Executive Order No. 1980-1, dated January 10, 1980, effective February 2, 1980, 10 Pa.B. 456; amended by Executive Order No. 1980-1, dated December 30, 1983, effective February 11, 1984, 14 Pa.B. 427; amended by Executive Order No. 1980-1 Amended, dated November 4, 1986, effective November 29, 1986, 16 Pa.B. 4645; amended by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735). empty

§ 5.247. [Reserved].


Source

   The provisions of this §  5.247 adopted by Executive Order No. 1988-6, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2387; amended by Executive Order No. 1991-8, dated November 18, 1991, effective November 18, 1991, 21 Pa.B. 5805. Immediately preceding text appears at serial page (127735).

Subchapter X. DISPLACED HOMEMAKERS


Sec.


5.251.    Establishment.
5.252.    Organization and membership.
5.253.    Functions.
5.254.    Cooperation by State agencies.

Source

   The provisions of this Subchapter X adopted by Executive Order No. 1980-5 dated February 28, 1980, effective March 22, 1980, 10 Pa.B. 1296, unless otherwise noted.

§ 5.251. Establishment.

 A Task Force on Employment Services to Displaced Homemakers is hereby established.

§ 5.252. Organization and membership.

 (a)  The Task Force will be chaired by the Director of the Commission for Women and will meet at the call of the chair.

 (b)  The Task Force will comprise the following agencies and departments:

   (1)  Department of Aging.

   (2)  Department of Welfare.

   (3)  Department of Community Affairs.

   (4)  Department of Education.

   (5)  Governor’s Office of Policy and Planning.

 (c)  It will be the responsibility of each agency head to designate representatives to the Task Force.

 (d)  It shall be the additional responsibility of agency heads to make other staff services available to the Task Force as needed at the discretion of the chair.

 (e)  The Chairperson may call on other State departments and agencies as necessary to assist the Task Force.

§ 5.253. Functions.

 The functions of the Task Force shall be as follows:

   (1)  To identify and consolidate information about programs within and without State government for which displaced homemakers might be eligible.

   (2)  To establish and review goals for services to displaced homemakers and set criteria for evaluating these services.

   (3)  To gather data on the effectiveness of existing programs affecting displaced homemakers.

   (4)  To recommend changes in policy or practice which would enhance services to displaced homemakers, including but not limited to legislation.

   (5)  To encourage the participation of nongovernmental agencies in displaced homemaker programs.

   (6)  To consult with persons outside the Task Force membership as necessary.

§ 5.254. Cooperation by State agencies.

 All agencies under the jurisdiction of the Governor shall cooperate fully with the Task Force and shall provide such assistance and information as needed by the Task Force to carry out its functions in an effective manner.

Subchapter Y. [Reserved].



Source

   The provisions of this Subchapter Y adopted by Executive Order No. 1980-16, dated June 6, 1980, effective June 6, 1980, 10 Pa.B. 3029; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (52489), (76591) and (76592).

Subchapter Z. [Reserved]



Source

   The provisions of this Subchapter Z adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659, unless otherwise noted.

   (Editor’s Note: Subchapter Z was terminated December 31, 1994.) empty

§ 5.271. [Reserved].


Source

   The provisions of this §  5.271 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644). empty

§ 5.272. [Reserved].


Source

   The provisions of this §  5.272 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1980-10 Amended, dated November 18, 1982, effective November 18, 1982, 12 Pa.B. 4279; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644). empty

§ 5.273. [Reserved].


Source

   The provisions of this §  5.273 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115644). empty

§ 5.274. [Reserved].


Source

   The provisions of this §  5.274 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order 1980-10 Amended, dated November 18, 1982, effective November 18, 1982, 12 Pa.B. 4279; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.275. [Reserved].


Source

   The provisions of this §  5.275 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.276. [Reserved].


Source

   The provisions of this §  5.276 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.277. [Reserved].


Source

   The provisions of this §  5.277 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.278. [Reserved].


Source

   The provisions of this §  5.278 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; reserved by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.279. [Reserved].


Source

   The provisions of this §  5.279 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.280. [Reserved].


Source

   The provisions of this §  5.280 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115645). empty

§ 5.281. [Reserved].


Source

   The provisions of this §  5.281 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; amended by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646). empty

§ 5.282. [Reserved].


Source

   The provisions of this §  5.282 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; reserved by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646). empty

§ 5.283. [Reserved].


Source

   The provisions of this §  5.283 adopted by Executive Order No. 1980-10, dated April 2, 1980, effective July 1, 1980, 10 Pa.B. 1659; reserved by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285. Immediately preceding text appears at serial page (115646). empty

§ 5.284. [Reserved].


Source

   The provisions of this §  5.284 adopted by Executive Order No. 1988-5, dated May 4, 1988, effective May 4, 1988, 18 Pa.B. 2285.

Subchapter AA. [Reserved]



Source

   The provisions of this Subchapter AA adopted by Executive Order No. 1981-5, dated February 18, 1981, effective February 18, 1981, 11 Pa.B. 1924; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (87917) to (87918), (76597) and (61788).

Subchapter BB. ADVISORY BOARD OF ARTHRITIS


Sec.


5.301.    Purpose.
5.302.    Duties and responsibilities.
5.303.    Composition.
5.304.    Appointment of members.
5.305.    Term of membership.
5.306.    Compensation.
5.307.    Rules.
5.308.    Reports.
5.309.    Executive agencies.
5.310.    Department of Health.

Source

   The provisions of this Subchapter BB adopted by Executive Order No. 1981-6, dated May 22, 1981, effective May 22, 1981, 11 Pa.B. 2028, unless otherwise noted.

§ 5.301. Purpose.

 The purpose of this subchapter is to assess the magnitude of the arthritis problem in the Commonwealth and develop a control plan which will define the impact of arthritis and its complications on the people of the Commonwealth of Pennsylvania.

§ 5.302. Duties and responsibilities.

 The duties and responsibilities of the Advisory Board shall be as follows:

   (1)  Periodically assess the resources for patient care in the Commonwealth.

   (2)  Oversee the institution of education programs at all levels.

   (3)  Make recommendations for legislation that will affect the well-being of patients with arthritis and related diseases.

   (4)  Coordinate all arthritis-related activities within the State.

   (5)  Insure that the quality of life for the arthritis patient remains paramount.

   (6)  Provide a clearinghouse for research studies into the epidemiology, etiology, prevention, and control of arthritis including social, environmental behavior, nutrition, and biologic controls.

   (7)  Insure the employability and vocational rehabilitation of patients with arthritis.

   (8)  Develop programs for improved methods of arthritis screening and referral into the arthritis health delivery care system.

   (9)  Establish programs to measure the severity and rehabilitative potential of disabilities resulting from arthritis.

   (10)  Acquaint legislators and other government officials with new developments in the field of arthritis.

   (11)  Monitor the formation and functioning of arthritis centers.

   (12)  Work cooperatively with the Pennsylvania Arthritis Council.

§ 5.303. Composition of the Advisory Board.

 The Advisory Board shall consist of nine members, with a balanced regional representation, and shall include a cross section of individuals from professional, voluntary and consumer organizations working with and interested in arthritis.

§ 5.304. Appointment of members.

 (a)  Members of the Advisory Board shall be appointed by the Governor.

 (b)  The Governor shall designate one member to serve as Chairperson.

§ 5.305. Term of membership.

 (a)  Members shall be appointed for terms of two years and may thereafter be reappointed at the discretion of the Governor.

 (b)  Should a vacancy occur on the Advisory Board due to resignation, disability or death of a member, a successor shall be appointed by the Governor to serve the duration of the unexpired term.

§ 5.306. Compensation.

 Members of the Advisory Board shall receive no compensation for their service, but may be reimbursed for actual travel and related expenses in accordance with the rules of the Office of Budget and Administration.

§ 5.307. Rules.

 The Advisory Board is hereby authorized to adopt reasonable rules and regulations to carry out its responsibilities.

§ 5.308. Reports.

 The Advisory Board shall submit reports to the Secretary of Health within 6 months after the effective date of this order. Thereafter, reports shall be submitted on an annual basis.

§ 5.309. Executive agencies.

 Agencies under the Governor’s jurisdiction shall cooperate with and provide assistance as needed by the Advisory Board in performing its functions.

§ 5.310. Department of Health.

 The Advisory Board shall report to the Secretary of Health and shall receive staff support from the Division of Chronic Disease Control. The Board shall also cooperate with the Statewide Health Coordinating Council in assisting to implement that portion of the State Health Plan as presented by the Arthritis Task Force Report.

Subchapter CC. [Reserved]



Source

   The provisions of this Subchapter CC adopted by Executive Order No. 1981-7, dated June 17, 1981, effective June 17, 1981, 11 Pa.B. 2472; reserved by Executive Order No. 1986-2, effective April 22, 1986, 16 Pa.B. 1721. Immediately preceding text appears at serial pages (63821) and (82304) to (82305).

Subchapter DD. [Reserved]



Source

   The provisions of this Subchapter DD adopted by Executive Order No. 1981-10, dated July 31, 1981, effective July 31, 1981, 11 Pa.B. 2906; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (63823) to (63825), and (67167).

Subchapter EE. [Reserved]



Source

   The provisions of this Subchapter EE adopted by Executive Order No. 1981-11, dated October 6, 1981, effective October 6, 1981, 11 Pa.B. 3943; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (67167) to (67169).

Subchapter FF. [Reserved]



Source

   The provisions of this Subchapter FF adopted by Executive Order No. 1981-12, dated October 13, 1981, effective October 13, 1981, 11 Pa.B. 3685; reserved by Executive Order No. 1983-3, dated March 15, 1983, 13 Pa.B. 1575. Immediately preceding text appears at serial pages (67169) and (67170).

Subchapter GG. COMMITTEE ON EMPLOYMENT
OF THE HANDICAPPED


Sec.


5.351.    Objectives of the Committee.
5.352.    Composition of the Committee.
5.353.    Functions of the Committee.
5.354.    Meetings of the Committee.
5.355.    Cooperation by State agencies.
5.356.    Effective date.

Source

   The provisions of this Subchapter GG adopted by Executive Order No. 1981-13, dated October 19, 1981, effective October 19, 1981, 11 Pa.B. 4027, unless otherwise noted.

§ 5.351. Objectives of the Committee.

 The following shall be the objectives of the Committee:

   (1)  To develop a better understanding by the handicapped of rehabilitation, training, and placement services available to them and to encourage them to use these services.

   (2)  To promote increased employment, on a year-round basis, of handicapped workers, as well as the retention and advancement of those already employed.

   (3)  To promote a better public appreciation of the outstanding performance of physically handicapped workers when properly placed.

   (4)  To encourage and assist local committees on employment of the handicapped to carry out programs which will make these objectives effective.

§ 5.352. Composition of the Committee.

 (a)  The Secretary of Labor and Industry shall be Chairperson of the Committee. The Chairperson shall appoint an Executive Secretary who shall report directly to the Chairperson.

 (b)  The balance of the membership shall be composed of representatives of agencies and organizations operating within this Commonwealth which are interested in any phase of service to the physically, mentally, or emotionally handicapped, such as governmental, business, labor, veterans, medical, health, welfare, educational, informational, fraternal, and religious groups, and also other individuals who are interested in the problems of the handicapped as well as handicapped individuals.

 (c)  Current committee members may retain their status if they so choose. New members may be elected to the State Committee by a majority of the membership attending the spring or fall meetings. The Executive Committee shall be elected annually in the same manner.

§ 5.353. Functions of the Committee.

 The following shall be the functions of the Committee:

   (1)  To coordinate activities for promotion of employment of the handicapped at the State level. This will include serving as liaison between the President’s Committee on Employment of the Handicapped and local committees across the State.

   (2)  To lend support to local committees on employment of the handicapped in initiating meetings and conferences designed to create greater awareness of the abilities of handicapped individuals and bring them together with employers.

   (3)  To serve as a resource to employers, labor unions, private social agencies, and handicapped individuals on legislation pertaining to the rights and responsibilities of all concerned in regard to employment and employment related factors such as accessibility.

   (4)  To serve as a resource to handicapped individuals in providing information on governmental services available to help them gain self-sufficiency through employment.

   (5)  Disseminate appropriate informational materials on various disabilities in order to create a better understanding of the disability and, through this understanding, a greater awareness of the abilities of persons with such handicaps.

   (6)  Sponsor appropriate contests among students that will give this important group a positive awareness of the handicapped.

   (7)  Recognize outstanding achievements in employment and in hiring handicapped individuals through the presentation of awards in these areas at an annual conference.

§ 5.354. Meetings of the Committee.

 (a)  The Committee shall hold semiannual meetings in the spring and fall of each year for dissemination of information, exchange of ideas, and planning. Officers will be elected at the annual spring meeting.

 (b)  Special meetings may be called as necessary by the Chairperson. If any member feels a special meeting is necessary, a request should be made to the Chairperson.

§ 5.355. Cooperation by State agencies.

 All agencies under the Governor’s jurisdiction shall cooperate fully with the Committee and the Chairperson and shall provide such assistance and information as needed by them to carry out their functions in an effective manner.

§ 5.356. Effective date.

 This order shall take effect immediately.

Subchapter HH. [Reserved]



Source

   The provisions of this Subchapter HH adopted by Executive Order No. 1982-1, dated February 24, 1982, effective February 24, 1982, 12 Pa.B. 939; reserved February 6, 1987, effective February 7, 1987, 17 Pa.B. 626. Immediately preceding text appears at serial pages (87919) to (87920).

Subchapter II. [Reserved]



Source

   The provisions of this Subchapter II adopted by Executive Order No. 1983-8, dated December 20, 1983, effective January 21, 1983, 14 Pa.B. 209; reserved by Executive Order No. 1986-8, dated December 12, 1986, effective December 12, 1986, 17 Pa.B. 165. Immediately preceding text appears at serial pages (87920), (95389) and (95390).

Subchapter JJ. PENNSYLVANIA EMERGENCY
RESPONSE COMMISSION


Sec.


5.381.    Establishment.
5.382.    Composition.
5.383.    Responsibilities.
5.384.    Lead State agency designation.
5.385.    Emergency planning districts.
5.386.    Prior responsibilities continue.
5.387.    Donations permitted.
5.388.    Meetings.
5.389.    Reimbursement of expenses.

Source

   The provisions of this Subchapter JJ adopted by Executive Order No. 1987-8, dated April 20, 1987, effective April 20, 1987, 17 Pa.B. 2133, unless otherwise noted.

§ 5.381. Establishment.

 There is created within the Pennsylvania Emergency Management Council (Council) a Pennsylvania Emergency Response Commission (Commission).

§ 5.382. Composition.

 The composition of the Commission shall be the same as the Council, augmented by the Secretary of Labor and Industry and other private and public sector representatives as the Governor determines necessary or desirable, consistent with the intent of Title III of the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499, 100 Stat. 1613). The Chairperson of the Council shall serve as Chairperson of the Commission.

§ 5.383. Responsibilities.

 The Commission will have primary responsibility for overall policy and direction of Statewide emergency planning and notification activities and organization consistent with the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499, 100 Stat. 1613).

§ 5.384. Lead State agency designation.

 To assist the Commission in carrying out its responsibilities, the Pennsylvania Emergency Management Agency is designated as the lead State agency responsible for coordinating the development, execution and management of programs and functions of State agencies and emergency planning districts.

§ 5.385. Emergency planning districts.

 Emergency planning districts will be established in each county of this Commonwealth. The planning districts shall function, consistent with Commission policy and guidelines, under the direction of their County Boards of Commissioners. Districts should be subsumed within existing county emergency management agencies and shall be colo