Bill Text: MS HB973 | 2013 | Regular Session | Introduced

Mississippi House Bill 973 (Prior Session Legislation)

Introduced

Bill Title: "Employment First Act"; enact to provide competitive employment opportunities with the state for person with disabilities.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-02-05 - Died In Committee [HB973 Detail]

Download: Mississippi-2013-HB973-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Workforce Development

By: Representative Crawford

House Bill 973

AN ACT TO ESTABLISH THE "EMPLOYMENT FIRST ACT"; TO PROVIDE A STATEMENT OF LEGISLATIVE PURPOSE AND INTENT FOR ITS ENACTMENT; TO DEFINE TERMS USED IN THE ACT; TO PROVIDE THAT COMPETITIVE EMPLOYMENT SHALL BE CONSIDERED A FIRST PRIORITY OPTION OF THE STATE OF MISSISSIPPI WHEN OFFERING OR PROVIDING SERVICES TO PERSONS WITH DISABILITIES WHO ARE OF WORKING AGE; TO REQUIRE STATE AGENCIES AND DEPARTMENTS TO ADOPT POLICIES THAT PROVIDE SERVICES AND SUPPORT TO SUCH INDIVIDUALS; TO REQUIRE THE COORDINATED EFFORTS AND COLLABORATION FOR THE IMPLEMENTATION OF PROGRAMS, POLICIES, PROCEDURES AND FUNDING TO SUPPORT COMPETITIVE EMPLOYMENT PRACTICES UNDER THE PROVISIONS OF THIS ACT; TO ESTABLISH THE EMPLOYMENT FIRST OVERSIGHT COMMISSION, PROVIDE FOR ITS MEMBERSHIP, AND ESTABLISH TERMS OF MEMBERSHIP; TO PROVIDE WHAT CONSTITUTES A QUORUM FOR A MEETING OF THE COMMISSION AND THE FREQUENCY OF MEETINGS; TO PRESCRIBE THE POWERS AND DUTIES OF THE COMMISSION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known, and may be cited as the "Employment First Act."

SECTION 2. The Mississippi Legislature finds that the benefits of meaningful work have significance and importance to all working age individuals, including persons with disabilities. Persons with disabilities have a right to the opportunity for competitive employment. In order to achieve meaningful and competitive employment for persons with disabilities, employment opportunities in fully integrated work settings shall be the first priority option explored in the service planning for working age persons with disabilities.

SECTION 3. For the purposes of this act, the following terms shall have the meaning ascribed in this section unless the context clearly requires otherwise:

(a) "Competitive 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 a person with a disability 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 persons without disabilities.

(b) "Disability" means, with respect to an individual:

(i) A physical or mental impairment that substantially limits one or more major life activities of such individual;

(ii) A record of such an impairment; or

(iii) Regarded as having such an impairment, as defined in the Americans with Disabilities Act of 1990, as amended.

(c) "Integrated setting" means, with respect to an employment outcome, a setting typically found in the community in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities in comparable positions interact with other persons.

(d) "Working age" means fourteen (14) years of age or older in accordance with Section 71-1-17.

SECTION 4. (1) It is the policy of this state that competitive employment in an integrated setting shall be considered its first priority option when offering or providing services to persons with disabilities who are of working age as defined under this act. All state agencies and departments that provide services and support to persons with disabilities shall adhere strictly to this policy and ensure its effective implementation in the programs and services offered by such agency or department.

(2) Nothing in this act shall be construed to limit or disallow any disability benefits to which a person with a disability, who is unable to be employed as contemplated by this act, would otherwise be entitled. Additionally, nothing in this act shall be construed to require any employer to give preference in hiring persons with disabilities.

SECTION 5. (1) All state agencies and departments shall coordinate efforts and shall collaborate within and among such agencies and departments to ensure that state programs, policies, procedures and funding support of competitive employment in integrated settings for persons with disabilities who are of working age. All state agencies and departments shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this act. All state agencies and departments are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this act.

(2) State agencies and departments are authorized to adopt rules and regulations to implement this act.

SECTION 6. (1) There is established an Employment First Oversight Commission, which shall be under the purview of the Mississippi Council on Developmental Disabilities, which shall facilitate the full, effective and timely implementation of this

act.

(2) The commission shall consist of the following nine (9) members, who shall be residents of this state:

(a) Four (4) members who are persons with a disability, who are knowledgeable of disability issues, and who are not state employees, at least one (1) of whom shall be a veteran, and at least one (1) of whom is under the age of thirty (30) years, of whom:

(i) One (1) shall be appointed by the Speaker of the House of Representatives;

(ii) One (1) shall be appointed by the Minority Leader of the House of Representatives;

(iii) One (1) shall be appointed by the President Pro Tempore of the Senate; and

(iv) One (1) shall be appointed by the Minority Leader of the Senate;

(b) One (1) member who is experienced with employment service programs, who is not a state employee, and who shall be appointed by the Speaker of the House of Representatives;

(c) Three (3) representatives from the Mississippi Partnerships in Employment (MSPE) Project funded by the Administration on Developmental Disabilities.

(d) One (1) additional individual with knowledge, interest, and experience regarding employment of people with disabilities who shall be appointed by the Governor.

(3) Except as provided in subsections (4) and (5) of this section, each member shall serve a term of three (3) years, and may succeed himself or herself for one (1) additional term; however, where a member was initially appointed to fill a vacancy, that member may succeed himself or herself for only one (1) additional full term. Any person appointed to fill a vacancy on the commission shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the member shall remain eligible to participate in commission proceedings until that member's successor is duly appointed.

(4) The terms of the members of the commission shall be staggered. Three (3) members shall serve an initial term of three (3) years. Four (4) members shall serve an initial term of two (2) years, and the remaining members shall serve an initial term of one (1) year. Thereafter, all terms shall be for three (3) years.

(5) A person, who has never served on the commission, may be appointed to the commission for two (2) consecutive terms, but no such person shall thereafter be eligible for two (2) consecutive appointments. No person, who has been twice appointed to the commission or who has served on the commission for six (6) years within any nine-year period, shall again be appointed to the commission until an interim period of at least one (1) term has expired since the person last served.

(6) Members of the commission shall serve without compensation.

(7) Any member who, without adequate reason, is absent for three (3) consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be subject to suspension or removal from the commission.

SECTION 7. (1) The commission shall hold regularly scheduled meetings at least once in each quarter, and at such times as the chairperson deems necessary, or at the request of a majority of the members of the commission.

(2) The commission annually shall elect a chairperson and vice chairperson. Each officer shall serve for one (1) year and shall not succeed himself or herself for more than two (2) consecutive terms.

(3) A majority of the members shall constitute a quorum for the purpose of transacting business.

SECTION 8. (1) The commission shall request that measurable goals and objectives be submitted by each relevant state agency or department to ensure implementation of this act. The commission shall establish the time frames for submissions by state agencies and departments and track their measurable progress in implementing this act. All state agencies and departments shall cooperate fully with and provide data and information to assist the commission in carrying out its duties.

(2) The commission shall prepare an annual report to the Governor and members of the Legislature. The report shall detail progress toward the goals and objectives and full implementation of this act. All state agencies and departments shall cooperate with the commission on the creation and dissemination of the report. The report also shall identify barriers to achieving the outcomes along with the effective strategies and policies to help realize the Employment First initiative.

SECTION 9. This act shall take effect and be in force from and after July 1, 2013.