Disabilities and Employment
2004 Legislative Summaries
Below are brief summaries of 2004 state legislation related to people with disabilities and employment. Click on the state or bill number to view the summaries.
Last Update: December 29, 2004
Arizona
HB 2352
Status: Enacted Law, Chapter 202
Last Action: May 6, 2004
Summary: This law requires the state board of education to adopt rules requiring the purchase of instructional materials only from vendors who provide an accessible electronic file of the materials for students with disabilities.
SB 1351
Status: Enacted Law, Chapter 310
Last Action: June 1, 2004
Summary: This law requires states budget units to provide people with disabilities access to electronic or information technology in compliance with Section 508 of the federal Rehabilitation Act.
Florida
EO 62
Status: Executive Order 04-62
Last Action: April 1, 2004
Summary: This law creates a 15-member Blue Ribbon Task Force on Inclusive Community Living, Transition and Employment of Persons with Developmental Disabilities.
HB 1823
Status: Enacted Law, Chapter 20
Last Action: May 28, 2004
Summary: This law creates the Agency for Persons with Disabilities, housed in the Department of Children and Family Services.
California
AB 649
Status: vetoed by Governor
Last Action: September 16, 2004
Summary: This bill addresses funding for services and supports for people with developmental disabilities. The Legislature wishes to fund private and community-based programs and services at a minimum level, and to use increases in federal funding to supplement and not supplant state funding for these services.
Hawaii
SB 428
Status: pending in Senate; carried over to 2004 Regular Session
Last Action: August 21, 2003
Summary: This bill proposes a constitutional amendment to authorize the State to provide scholarships for public elementary and secondary school students with disabilities to enroll in and attend non-profit private schools of choice.
Illinois
HB 698
Status: pending in House
Last action: April 4, 2003; carried over to 2004
Summary: This bill amends the Illinois Public Aid Code and makes a technical change in a section concerning Medicaid eligibility for persons with disabilities who are employed (the "Medicaid buy-in provision").
HB 1100
Status: pending in House
Last Action: May 14, 2003; carried over to 2004
Summary: This bill amends the Illinois Workforce Investment Board Act by adding at least one member representative of individuals or organizations that represent or advocate on behalf of persons with disabilities in the workforce.
HB 1107
Status: pending in Senate
Last Action: April 2, 2003; carried over to 2004
Summary: This bill proposes an amendment to the Illinois Income Tax Act. Beginning with taxable years ending on or after December 31, 2003, small business owners will be eligible for an income tax credit in the amount of 50% of the amount spent for modifications or the purchase of assistive devices for people with disabilities. The maximum credit is $2,500 in the taxable year and may not reduce the taxpayer's liability to less than zero, but may be carried forward for 5 taxable years.
HB 1322
Status: pending in House; carried over to 2004
Last Action: December 22, 2003
Summary: This bill appropriates $750,000 from the General Revenue Find to the Illinois Department of Human Services for a grant to the Illinois Assistive Technology Project.
These funds will match available federal funds under Title III of the Assistive Technology Act for the establishment and operation of an alternative financing program to allow people with disabilities to purchase assistive technology devices and services.
HB 2635
Status: pending in House
Last Action: December 22, 2003; carried over to 2004
Summary: This bill appropriates $1,000,000 from the General Revenue Fund to the Department of Human Services for a grant to the Illinois Assistive Technology Project for the establishment and operation of a comprehensive statewide program that loans assistive technology devices to people with disabilities.
HB 3287
Status: pending in House
Last Action: December 22, 2003; carried over to 2004
Summary: This bill appropriates $500,000 from the General Revenue Fund to the Department of Human Services for a grant to the Illinois Assistive Technology Project.
HB 3288
Status: pending in House
Last Action: December 22, 2003; carried over to 2004
Summary: This bill appropriates $1,500,000 from the General Revenue Fund to the Department of Human Services for a grant to the Illinois Assistive Technology Project for the establishment and operation of an Assistive Technology Evaluation and Training Center.
HR 851
Status: Resolution Adopted (Full Text)
Last Action: June 1, 2004
Summary: This law directs the Department of Public Aid to conduct a thorough review and analysis of the current income retention rules for persons with disabilities who are residing in nursing facilities. The analysis is to focus on the implementation of the Olmstead decision and whether the rules create a disincentive to engage in gainful employment for persons who are able, available and willing to seek employment with or without supports.
SB 2958
Status: pending in Senate
Last Action: February 20, 2004
Summary: This bill creates the MI Olmstead Initiative of 2004 to establish a 5-year program to provide individuals with mental illness or a co-occurring disorder of mental illness and substance abuse with appropriate Illinois residential and community-based support service.
Indiana
SB 449
Status: Enacted Law, Public Law 22
Last Action: March 19, 2004
Summary: This law amends previous statute related to human services. Specifically, the law creates the community and home options to institutional care for the elderly and disabled program (CHOICE program), effective April 1, 2004. By May 1, 2004, the Office of the Secretary of Family and Social Services must report, in writing, to the Health Finance Commission on the office's progress in implementing the CHOICE programs and must also include: (1) plans to use all appropriated funds; (2) plans for establishing the comprehensive array of home and community based services, (3) progress in enrolling individuals in home and community based services through Medicaid waivers; (4) progress in moving individuals from institutions to home and community based services through Medicaid waivers; (5) progress in tracking and recording savings; (6) Plans and actions taken to secure federal funding; and (7) reasons for any failure to meet statutory deadlines.
Kentucky
HB 60
Status: Introduced in House
Last Action: January 6, 2004
Summary: This bill requires the Cabinet for Health Services to convene a policy group of relevant stakeholders to develop a Medicaid Buy-In program for people with disabilities and apply for federal grants to support program development.
This policy group must conduct its first meeting by August 15, 2004, as well as:
- create ad hoc groups, as needed,
- have access to necessary data from any state or local government entity,
- identify financing for the Medicaid Buy-In program and address the availability of funding, and
- assess the cost-effectiveness and economic benefits of a Medicaid Buy-In program and make recommendations on eligibility, personal care assistance services, coordination with other programs and policy considerations, and
- present the Medicaid Buy-In program to the Governor, the Legislative Research Commission and the co-chairs of the Interim Joint Committee on Health & Welfare by November 1, 2004.
The Cabinet for Health Services shall implement a Medicaid Buy-In program based on the recommendations of the policy group by July 1, 2005.
SB 56
Status: pending in Senate
Last Action: January 12, 2004
Summary: This bill creates the Accessible Electronic Information Service Program to provide accessible electronic information services for all eligible blind and disabled person as defined in the bill. The program is to be administered by a nonprofit entity selected through a competitive bidding process and will be funded by a monthly tax of up to $0.02 on phone bills.
Louisiana
HB 1368
Status: pending in House
Last Action: March 19, 2004
Summary: This bill creates the Louisiana Independent Living Act to develop and implement programs and services throughout the state to enable people with disabilities to live more independently in their own homes and communities.
Maryland
HB 988
Status: Enacted Law, Chapter No. 65
Last Action: April 13, 2004
Summary: This law repeals previous law related to the Interagency State Plan for Transitioning Students with Disabilities. The law requires the Department of Education, Division of Rehabilitation Services to assign rehabilitation counselors to all high schools, establish a coopertive agreement with each county board defining roles, responsibilities and procedures in order to provide appropriate transition services for transitioning students, as well as, develop an individualized plan for employment prior to graduation for transitioning students with county boards.
SB 188
Status: Enacted Law, Chapter No. 425
Last Action: May 11, 2004
Summary: This law creates the state Department of Disabilities, which will be responsible for developing, maintaining, revising and enforcing statewide disabilities policies and standards throughout the units of state government. The department will also oversee and administer the constituent services and ombudsmen and the assistive technology guaranteed loan programs. This bill also creates a 20-member Commission on Disabilities and a 14-member Interagency Disabilities Board. The commission is to meet at least twice a year to advise the department of its duties and serve on subcommittees established by the Secretary to carry out the mission of the department. The Interagency Disabilities Board is responsible for developing the state disabilities plan.
Massachusetts
HB 3531
Status: pending in House
Last Action: October 21, 2003; carried over to 2004
Summary: This bill creates a nine-member special commission to study relative to workforce issues in those agencies serving people with mental retardation. The study should include, but not be limited to, concerns which might impact the quality of the workforce, recruitment and retention strategies.
Minnesota
HB 2636
Status: pending in House
Last Action: March 17, 2004
Summary: This bill appropriates funds for assistive technology for people with disabilities.
SB 1946
Status: Enacted law, Chapter No. 188
Last Action: May 14, 2004
Summary: This law directs the commissioner of employment and economic development to conduct an extended employment project for individuals with severe disabilities. The project will begin July 1, 2004 and end June 30, 2005. An evaluation of the project must be completed by October 1, 2005.
SB 2609
Status: Enacted law, Chapter No. 166
Last Action: April 26, 2004
Summary: This law amends previous statute to include a mental health representative on community transition interagency committees for youth with disabilities.
New Jersey
AB 3164
Status: pending in Assembly
Last Action: September 13, 2004
Summary: This bill provides a tax credit for businesses contracting with occupational centers to employ certain individuals with mental disabilities.
AB 666/SB 855
Status: Pending in Assembly
Last Action: September 23, 2004
Summary: This bill proposes the creation of county offices for the disabled. These offices will serve as a central source of information on programs and services for people with disabilities. Specifically, the offices shall:
- circulate current knowledge relating to disabilities as well as the rights and needs of people with disabilities to the public;
- stimulate the expansion and coordination of existing services to more adequately meet the needs of people with disabilities, and where desirable, encourage new programs to meet these needs.
The bill also makes annual appropriation of no more than $20,000 in state aid to the Department of Human Services for the county offices for the disabled.
New Mexico
SB 199
Status: pending in Senate
Last Action: April 1, 2004
Summary: This bill appropriates $519,000 to provide state matching funds for alternative financing programs to help people with disabilities purchase assistive technology devices and services.
New York
AB 5474
Status: pending in Senate
Last Action: June 16, 2004
Summary: This bill authorizes the Vocational Rehabilitation Services for Disabled to provide funds to a limited number of eligible persons with disabilities for lease, lease-purchase or rental and maintenance of motor vehicle as part of the person's individualized plan for employment.
AB 6751
Status: pending in Assembly
Last Action: January 7, 2004
Summary: This bill establishes an Accessible Electronic Information Service for blind and disabled people in order for them to access newspapers, magazines, newsletters and other "time-sensitive" materials. The service will be administered by the National Federation of the Blind of New York and funded by a monthly tax of $0.01 on phone bills.
AB 7519
Status: pending in Assembly
Last Action: June 2, 2004
Summary: This bill amends a previous statute in order to establish a funding program for the improvement of disability services at institutions of higher education. The State University of New York, City University of New York, accredited independent colleges and universities and degree-granting proprietary institutions would be eligible to receive funds if they design systems to:
- enhance base year funding for capacity building through the development of institutional plans for improving access for students with disabilities; and/or
- support recruitment programs that establish targets for recruitment of students with disabilities; and/or
- support increases to programmatic activities currently provided by institutions of higher education to individuals with disabilities.
The Commissioner of the State Education Department is to submit an annual report to the Board of Regents and the legislature.
Oklahoma
HB 2197
Status: Enacted Law
Last Action: April 20, 2004
Summary: This law requires all state agencies to make information technology accessible for people with disabilities. This law also creates an Electronic and Information Technology Accessiblity Advisory Council.
SCR 81
Status: Resolution Passed
Last Action: May 26, 2004
Summary: This resolution supports the goal of community inclusion for people with developmental disabilities. It also reaffirms the need for a quality stable, direct support workforce.
Pennsylvania
HB 1859
Status: pending in House
Last Action: June 23, 2004
Summary: This bill creates the Office of Disabilities within the Governor's office. The office is to, among other things, ensure people with disabilities have access to adequate services, establish interagency agreements with other governmental bodies and public and private agencies, develop two-year plan for services and identify gaps in disability services and funding services.
HB 2584
Status: pending in House
Last Action: April 15, 2004
Summary: This bill relates to the rights of purchasers of assistive technology devices.
Tennessee
HB 2794/SB 2855
Status: pending in House/pending in Senate
Last Action: April 6, 2004/March 31, 2004
Summary: This bill, known as the Assistive Technology Assistance Act, creates a loan fund to provide loans to people with disabilities for equipment that improve their independence and quality of life. A twelve-member committee will oversee the fund.
Virginia
HB 354
Status: Enacted Law; Chapter 728
Last Action: April 21, 2004
Summary: This law amends previous statute related to the Assistive Technology Loan Fund Authority. Specifically, the law authorizes the board of directors of the Assistive Technology Loan Fund Authority to borrow money to carry out its statutory purpose, execute evidences of such gratitute and secure the same, issues negotiable revenue bonds payable solely from funds pledged for that purpose, provide for the payment of the same and for the rights of the holders thereof.
Washington
HB 1872
Status: pending in Senate
Last Action: March 11, 2004
Summary: This bill provides for low-interest deposit loans to small businesses, nonprofits and other qualifying organizations to purchase assistive technology devices and services.
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