Bill Text: NJ S4004 | 2024-2025 | Regular Session | Introduced
Bill Title: Revises law on extended employment programs for persons with disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-14 - Introduced in the Senate, Referred to Senate Labor Committee [S4004 Detail]
Download: New_Jersey-2024-S4004-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Revises law on extended employment programs for persons with disabilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning extended employment programs and amending P.L.1971, c.272 and P.L.1987, c.455 and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1971, c.272 (C.34:16-39) is amended to read as follows:
1. This act shall be known and cited as the ["Sheltered Workshop] "Extended Employment Act [of 1971]."
(cf: P.L.1971, c.272, s.1)
2. Section 2 of P.L.1971, c.272 (C.34:16-40) is amended to read as follows:
2. As used in P.L.1971, c.272 (C.34:16-39 et seq.):
a. ["Sheltered workshop"] "Extended employment" means an occupation oriented [facility] worksite operated by a nonprofit agency, [public or private,] which, [except for its staff, employs only] provides workforce development and employment opportunities for persons with disabilities;
b. "Division" means the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development;
c. ["Commission" means the New Jersey Commission for the Blind and Visually Impaired in the Department of Human Services] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill);
d. "Extended employee" means a person with a [severe] significant disability who meets one or more of the following requirements: (1) [shall have completed a prescribed workshop program] has a significant disability; (2) [shall have been found, due to the nature and severity of the person's disability to be incapable of competing in the open or customary labor market] chooses to be engaged in an extended employment program; and (3) shall have been certified as being an extended employee by the staff of the division [or the commission; or (4) shall have been certified by the division or the commission as an extended employee qualified to perform industrial homework under the supervision of a sheltered workshop];
e. "Extended employment program" means a vocational rehabilitation program designed [for those persons with disabilities whose disabilities make sheltered employment in a sheltered workshop or in performance of industrial homework under the supervision of a sheltered workshop, after completion of a certified program of vocational evaluation and training the only suitable form of employment, or for those persons with severe disabilities who were not eligible for vocational rehabilitation services under laws and regulations in effect at the date of enactment of this act and who could benefit from the provisions of this act] to provide work that may be paid at a commensurate wage to persons served in locations owned, leased, rented, or managed by the service provider regardless of the environment in which the work is conducted. The extended employment program uses the capacity of the service provider's employment and training service design to create opportunities for persons served to achieve desired employment outcomes in their community of choice, including individualized competitive employment. Services include but are not limited to evaluation, training, counseling, work readiness, job placement, adult learning skills, life skills, and social skills. Service models are flexible and may include a variety of enterprises and business designs, including service provider owned businesses such as retail stores, franchises, restaurants, service businesses, and others.
f. "Significant disability" means a physical or mental impairment limiting one or more functional capacities, that impacts an individual's ability to obtain and maintain employment.
g. "Long-term vocational rehabilitation" means eligible services provided on an individualized, non-time-limited basis in order to improve or maintain work performance, and expand employment options, including competitive integrated employment.
(cf: P.L.2017, c.131, s.135)
3. Section 3 of P.L.1971, c.272 (C.34:16-41) is amended to read as follows:
3. The division shall administer a program of vocational rehabilitation to an extended employee and shall plan, institute, support, and administer a program of extended employment in, or under the supervision of a [sheltered workshop] nonprofit extended employment provider, as provided for in [this act] P.L.1971, c.272 (C.34:16-39 et seq.), until the extended employee chooses and is ready and eligible for other vocational rehabilitation programs.
Desired outcomes shall be consistent with the goals of individualized program plans for participants and may include any or all of the following: opportunity for movement to competitive integrated employment, increased wages, increased work hours, exposure to a variety of jobs, and relevant life enhancing learning activities. In addition, outcomes shall reflect increased ability to interact with others as part of a work unit and solve problems appropriately.
(cf: P.L.1979, c.335, s.2)
4. Section 4 of P.L.1971, c.272 (C.34:16-42) is amended to read as follows:
4. a. The division is hereby authorized to contract with an approved [sheltered workshop] nonprofit provider for the furnishing of extended employment programs to persons with [severe] significant disabilities, when they choose such a program and when it shall appear to the satisfaction of the division, or upon certification [to] by the division [by the commission,] that a person with a [severe] significant disability could reasonably be expected to benefit from, or reasonably requires, [extended] long-term vocational rehabilitation services. The division is authorized to contract for the payment of a sum for each [person] program serving persons with a [severe] significant disability not exceeding the amount appropriated for the purposes of P.L.1971, c.272 (C.34:16-39 et seq.) toward the cost of providing an extended employment program pursuant to [this act] P.L.1971, c.272 (C.34:16-39 et seq.).
The contracted extended employment provider is required to submit to the division a functional expense analysis for providing the extended employment program corresponding to the provider's fiscal year. Funding level for the program shall be at a baseline equal to the level of funding provided in the FY 2024 New Jersey State Budget and an annual increase in line with the consumer price index for all urban wage earners and clerical workers (CPI-W) as calculated by the federal Bureau of Labor and Statistics. Increases to the baseline funding shall be the greater of either the level of funding in the FY 2024 New Jersey State Budget and the increase for CPI-W or 80 percent of the expenses to be covered by the State included in the functional expense analysis submitted by all providers according to the total of all the functional expense analysis reports submitted by the providers. Increased funding for the program shall be appropriated from the Workforce Development Partnership Fund when available.
b. An extended employment provider shall be a nonprofit organization operating a recognized program of rehabilitation within New Jersey and shall be accredited by a nationally recognized accrediting body that is approved by the division.
(cf: P.L.2017, c.131, s.136)
5. Section 5 of P.L.1971, c.272 (C.34:16-43) is amended to read as follows:
5. The division [and the commission are] is hereby vested with the responsibility and authority:
a. to determine the eligibility of persons with [severe] significant disabilities for the extended employment program in consultation with the [sheltered workshops] nonprofit agencies providing the program in consideration of the person's employment choice and the person's ability to benefit from the program;
b. to establish standards of staffing, physical plant and services [required for] that are adequate for the needs of the persons served concerning the operation of [facilities of sheltered workshops] worksites of extended employment and nonprofit agencies furnishing services under P.L.1971, c.272 [(C.34:16-39 e seq.)] (C.34:16-39 et seq.) by contract with the State; [and]
c. to require an [appropriate progress report on each individual participating] individual employment plan for each person served and documentation of services from extended employment providers regarding the services provided to individuals in the extended employment program;
d. to provide information and refer individuals to the extended employment program; and
e. the division or Commissioner of Labor and Workforce Development shall, when reasonable, consult with ACCSES New Jersey, Inc. on matters related to significant changes in policy and leadership within the division which impact the extended employment program.
(cf: P.L.2017, c.131, s.137)
6. Section 1 of P.L.1987, c.455 (C.34:16-51) is amended to read as follows:
1. The Legislature finds and declares that many [handicapped] citizens enrolled in [sheltered (extended)] extended employment programs [at sheltered workshops earn subminimum wages in a noncompetitive working environment and therefore] require financial assistance so that they may meet their transportation [costs] expenses to and from program worksites.
The Legislature further finds and declares that the Department of Labor and Workforce Development through its Division of Vocational Rehabilitation Services, in conjunction with [the Division of Developmental Disabilities in the Department of Human Services and the sheltered workshops] extended employment nonprofit providers of this State, should play a major role in defraying the [costs of public] transportation [and paratransit] expenses of [handicapped] citizens with disabilities enrolled in [sheltered (extended)] extended employment programs [at sheltered workshops].
(cf: P.L.1987, c.455, s.1)
7. Section 3 of P.L.1987, c.455 (C.34:16-53) is amended to read as follows:
3. The Commissioner of Labor and Workforce Development is directed to establish and implement within 120 days of the effective date of [this act] P.L.1987, c.455 (C.34:16-51 et seq.) a program to be administered by the division to defray [the public] transportation [or paratransit] expenses of citizens with disabilities enrolled in [sheltered (extended)] extended employment [programs at sheltered workshops. The program may provide for the defraying of these expenses by the purchase of bus cards or other appropriate methods as prescribed by the commissioner].
(cf: P.L.2017, c.131, s.145)
8. Section 4 of P.L.1987, c.455 (C.34:16-54) is amended to read as follows:
4. The division shall annually conduct a survey to assess the transportation needs of [these sheltered workshops] the nonprofit agencies providing extended employment programs and the individuals who are engaged in these programs.
(cf: P.L.1987, c.455, s.4)
9. The following sections are repealed:
Section 3 of P.L.1973, c.45 (C.34:16-44);
Sections 1 through 6 of P.L.1975, c.350 (C.34:16-45 through 34:16-50); and
Section 2 of P.L.1987, c.455 (C.34:16-52).
10. This act shall take effect immediately.
STATEMENT
This bill modifies State statutes regarding extended employment programs that provide rehabilitation and employment for persons with significant disabilities.
The bill renames the "Sheltered Workshop Act of 1971," P.L.1971, c.272 (C.34:16-39 et seq.), as the "Extended Employment Act." The bill amends the act to change the term used to designate facilities operated by nonprofit organizations to provide vocational rehabilitation and transitional employment to persons with disabilities from "sheltered workshop" to "extended employment."
The bill relaxes the specifications regarding which individuals, deemed "extended employees," may be served under extended employment programs by permitting the individuals to have "significant," rather than "severe," disabilities and by removing the requirement that they first complete a workshop program, and that, after completing the program, their disability still makes them incapable of competing in the regular labor market.
The bill eliminates the role of the New Jersey Commission for the Blind and Visually Impaired in determining the eligibility of individuals to be served by an extended employment program, setting standards for staff, facilities, and services of the programs, and requiring documentation of services.
The bill eliminates the requirement that individual progress reports be provided and removes the law's exemption of extended employment facilities from the permit requirements and certain other requirements of the industrial homework law, P.L.1941, c.308 (C.34:6-136.1 et eq.).
The bill clarifies the desired program outcomes of the extended employment program. The bill also sets requirements for baseline funding for the extended employment funding and parameters for minimum increases based on the funding provided in the FY 2024 New Jersey State Budget combined with the consumer price index for all urban wage earners and clerical workers (CPI-W) or 80 percent of expenses outlined in a functional expense report to be submitted by providers of extended employment services each fiscal year, whichever of the two is greater.
The bill clarifies that the Division of Vocational Rehabilitative Services is responsible for informing and referring individuals to the extended employment program and requires consultation with ACCSES New Jersey for consultation on major policy and leadership changes within the division.
The bill repeals the provisions of P.L.1975, c.350 (C.34:16-45 et seq.) concerning the sale of products produced in extended employment facilities, including specific labeling requirements, requirements regarding the minimum percentage of work to be done in the facilities, and penalties for misrepresentation regarding the disability status of the workers.
Finally, the bill eliminates references to particular kinds of transportation in the program assisting persons with disabilities in extended employment programs.
