S4164

An Act concerning competitive integrated employment and supplementing P.L.1992, c.43 (C.34:15D-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Commission” means the “Employment First Commission.”

“Commissioner” means the Commissioner of Labor and Workforce Development.

“Competitive integrated employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an employee is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

“Employment First” means the policy which provides that competitive integrated employment is the first consideration and preferred outcome of publicly funded education, training, employment and related services, and long-term services and support for individuals with a disability.

“Integrated setting” means a work environment in which each employee with a disability has equal opportunity to interact with co-workers without disabilities.

2. There is established in the Department of Labor and Workforce Development, the “Employment First Commission.”

a. The commission shall consist of 17 members, as follows:

(1) the Commissioner of Labor and Workforce Development or a designee, who shall serve ex officio;

(2) the Commissioner of Education or a designee, who shall serve ex officio;

(3) the Director of the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development, or a designee, who shall serve ex officio;

(4) the Director of the Division of Developmental Disabilities in the Department of Human Services, or a designee, who shall serve ex officio;

(5) the Director of the Division of Mental Health and Addiction Services in the Department of Human Services, or a designee, who shall serve ex officio; and

(6) twelve members appointed by the Governor, who shall include: one representative each from the State Rehabilitation Council; the New Jersey Council on Developmental Disabilities; the State Centers for Independent Living; the Commission for the Blind and Visually Impaired; Disability Rights New Jersey; the Brain Injury Alliance of New Jersey; and six representatives who are not employed as professionals and who are individuals with a disability, family members of an individual with a disability, or advocates who are knowledgeable about the employment of individuals with a disability.

b. Members to the commission shall be appointed within 60 days following the enactment of this act. The Governor shall designate one member to convene an organizational meeting as soon as possible after the appointment of its members, at which the commission shall elect a chairperson and vice-chairperson. The chair may appoint a secretary, who need not be a member of the commission. The commission shall meet no less than once per month or at the call of the chairperson. A majority of all the authorized members shall constitute a quorum.

c. Members of the commission shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of official duties within the limits of funds appropriated or otherwise made available to the commission for its purposes.

d. The Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families, or the ombudsman’s designee, shall serve as the executive director of the commission, but shall not be a member of the commission or have voting authority. The executive director shall be responsible for coordinating the activities and effectuating the decisions of the commission.

3. a. It shall be the responsibility of the commission to provide input prior to the implementation of Employment First competitive integrated employment policies affecting individuals with disabilities.

b. The duties of the commission shall include, but are not limited to:

(1) compiling and analyzing available data regarding individuals with disabilities in New Jersey, including data concerning their needs and the location, provision, and availability of services and programs, and any other relevant information the commission deems appropriate in order to assess service utilization, unmet needs, and gaps in services or existing data, and to make recommendations to improve data collection, coordination, and information-sharing across State agencies and programs. Data sources shall include, but not be limited to, the Department of Education, the Division of Developmental Disabilities, the Division of Vocational Rehabilitation Services, including the Business Outreach Team, the State Rehabilitation Council, the Department of Labor and Workforce Development, and relevant advocacy groups;

(2) working with the New Jersey Office of Information Technology to develop an Employment First Internet webpage within the New Jersey Disability Information Hub and to determine the content and topics needed to provide employment information for individuals with disabilities. The commission shall ensure information on the Employment First Internet webpage remains current and accessible to all users; and

(3) making recommendations to the Governor and the Legislature concerning the potential implementation of competitive integrated employment as the first option for individuals with disabilities. In making recommendations, the commission shall consider, but not be limited to:

(a) reviewing available employment support and services, including opportunities to align policies and procedures to enhance access to employment supports and services;

(b) identifying policies and procedures that create barriers or disincentives for the employment of individuals with disabilities and ways to reduce or eliminate those barriers or disincentives; and

(c) ensuring that the State workforce development strategy provides for individuals with disabilities, including strategies to maximize opportunities to hire individuals with disabilities in the private sector, public sector, and in entities contracting with the State.

c. The commission may consider additional activities, including, but not limited to:

(1) the State as a Model Employer of People with Disabilities (SAME) program established pursuant to P.L.2021, c.466 (C.11A:7-13.6 et seq.); and

(2) evaluation of reimbursement rates for direct support professionals who provide employment support services to individuals with disabilities.

4. In support of the commission, the Division of Vocational Rehabilitation Services shall:

a. report relevant activity, news, and progress regarding the potential implementation of Employment First competitive integrated employment policies to the State Rehabilitation Council;

b. communicate with the Business Outreach Team, within the Division of Vocational Rehabilitation Services, to develop strategies to engage with employers or industries that further enhance career opportunities for individuals with disabilities; and

c. investigate and determine future engagement with the business community of the State including, but not limited to, the New Jersey Business and Industry Association and the New Jersey Chamber of Commerce.

5. The commission shall issue a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than one year after the commission organizes. The report shall contain the commission’s findings and recommendations regarding the implementation of competitive integrated employment policies affecting individuals with disabilities.

6. This act shall take effect immediately.

STATEMENT

This bill establishes the “Employment First Commission.” The commission will provide input prior to the implementation of Employment First competitive integrated employment policies affecting individuals with disabilities.

The bill defines “competitive integrated employment” as work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an employee is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled. “Employment First” is defined as the policy which provides that competitive integrated employment is the first consideration and preferred outcome of publicly funded education, training, employment and related services, and long-term services and support for individuals with a disability.

The commission will consist of 17 members, as follows: the heads of the Department of Labor and Workforce Development, the Department of Education, the Division of Vocational Rehabilitation Services, the Division of Developmental Disabilities, the Division of Mental Health and Addiction Services, or their designees, who will serve ex officio, and twelve members appointed by the Governor, who will include: one representative each from the State Rehabilitation Council; the New Jersey Council on Developmental Disabilities; the State Centers for Independent Living; the Commission for the Blind and Visually Impaired; Disability Rights New Jersey; the Brain Injury Alliance of New Jersey; and six representatives who are not employed as professionals and who are individuals with a disability, family members of an individual with a disability, or advocates who are knowledgeable about the employment of individuals with a disability.

The Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families, or the ombudsman’s designee, will serve as the executive director of the commission, but will not be a member of the commission or have voting authority.

The duties of the commission include, but are not limited to, compiling and analyzing certain data regarding individuals with disabilities; working with the New Jersey Office of Information Technology to develop an Employment First webpage; and making recommendations to the Governor and the Legislature concerning the potential implementation of competitive integrated employment as the first option for individuals with disabilities.

In support of the commission, the Division of Vocational Rehabilitation Services will:

(1) report relevant activity, news, and progress regarding the potential implementation of Employment First competitive integrated employment policies to the State Rehabilitation Council;

(2) communicate with the Business Outreach Team, within the Division of Vocational Rehabilitation Services, to further enhance career opportunities for individuals with disabilities; and

(3) investigate and determine future engagement with the business community of the State including, but not limited to, the New Jersey Business and Industry Association and the New Jersey Chamber of Commerce.

The commission may consider other initiatives such as the State as a Model Employer of People with Disabilities (SAME) program; evaluation of reimbursement rates for direct support professionals; and utilization of the Business Outreach Team in the Division of Vocational Rehabilitation Services of the Department of Labor and Workforce Development to engage with specific employers or industries.