Bill Text: NJ A5676 | 2020-2021 | Regular Session | Introduced
Bill Title: Permits exemption from certain civil service examinations for person with disability.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-05-12 - Introduced, Referred to Assembly State and Local Government Committee [A5676 Detail]
Download: New_Jersey-2020-A5676-Introduced.html
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
SYNOPSIS
Permits exemption from certain civil service examinations for person with disability.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning civil service examinations and persons with disabilities, and supplementing Title 11A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person with a disability who seeks to apply for a civil service position may request, in writing, an exemption from the examination required for the position. The Civil Service Commission shall grant the request if the commission determines that the duties of the position for which the person seeks to apply can be performed by a person with a disability who is otherwise qualified to satisfactorily perform those duties. The person who is granted an exemption from the examination may be hired notwithstanding the exemption.
b. The appointing authority shall require proof of the person's disability prior to making an appointment. The appointing authority shall accept as proof of disability a letter or other official certification from a medical professional that, within the scope of the professional's practice, describes the disability of the person, the probable duration of the disability and, when applicable, the medical facts within the professional's knowledge.
c. The appointing authority shall also accept as proof of disability a letter or other official certification that the person:
(1) was or is currently a client of the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development;
(2) meets the eligibility requirements to receive Social Security Disability Insurance or Supplemental Security Income on the basis of a disability, including a person who is eligible to participate in the federal Ticket to Work program authorized under the Social Security Administration;
(3) qualifies for appointment under the Office of Personnel Management, Schedule A Excepted Service Hiring on the basis of a disability, Section 213.3102(u) of Title 5, Code of Federal Regulations;
(4) qualifies for services, supports, or benefits under programs administered by the Division of Developmental Disabilities or the Division of Mental Health and Addiction Services in the Department of Human Services;
(5) notwithstanding any law, rule or regulation to the contrary regarding civil service veteran benefits, meets the eligibility requirements for services, supports, or benefits under a program for disabled veterans administered by the United States Department of Veterans Administration or the State; or
(6) meets the eligibility requirements for services, supports, or benefits under a program administered by an agency of the State that has been determined as comparable to a program described in paragraphs (1) through (5) of this subsection.
d. "Medical professional" means any person providing health care services to natural persons, including, but not limited to, a physician, podiatrist, dentist, nurse, optometrist, chiropractor, physical therapist, occupational therapist, psychologist, psychiatric social worker or speech therapist.
"Person with a disability" means a person who has an intellectual, visual, auditory communication, neurological, perceptual, orthopedic, emotional, social, or developmental disability.
e. All records pertaining to a person's disability, except to the extent necessary for the proper administration of this act, P.L. , c. (C. )(pending before the Legislature as this bill) and for statistical purposes, shall be deemed confidential and not subject to the requirements of P.L.1963, c.73 (C.47:1A-1 et seq.).
f. The Civil Service Commission and the Division of Equal Employment Opportunity and Affirmative Action shall jointly promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations and establish administrative processes that are reasonable, necessary, and consistent with the provisions of this act.
2. This act shall take effect six months following enactment, except the Civil Service Commission and the Division of Equal Employment Opportunity and Affirmative Action may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
Under current law, a person must pass a civil service open competitive examination prior to becoming eligible for employment in an entry level position.
Under this bill, a person with a disability who seeks to apply for a civil service position may request, in writing, an exemption from the examination required for the position. The Civil Service Commission will grant the request if the commission determines that the duties of the position for which the person seeks to apply can be performed by a person with a disability who is otherwise qualified to satisfactorily perform those duties.
The appointing authority will require proof of the person's disability prior to making an appointment. The appointing authority will accept as proof of disability a letter or other official certification from a medical professional. The appointing authority will also accept as proof of eligibility participation in certain specified programs.
The records pertaining to a person's disability, except to the extent necessary for the proper administration of this bill and for statistical purposes, will be deemed confidential and not subject to the law commonly referred to as the open public records act.
