Disability Employment: 2019 Legislative Enactments

Overview

Lawmakers enacting legislation affecting employment opportunities for people with disabilities had a busy year in 2019. 

This was the third legislative session following the release of “Work Matters: A Framework for States on Workforce Development for People with Disabilities.” In partnership with the Council of State Governments (CSG), NCSL published Work Matters in December 2016 after a bipartisan national task force of state legislators, governors, state regulators, and private industry officials worked to determine legislative options to advance employment for people with disabilities.

Work Matters was part of the State Exchange on Employment and Disability (SEED), an ongoing initiative by the U.S. Department of Labor's Office of Disability Employment Policy (ODEP). SEED works to foster employment opportunities for people with disabilities by assisting states seeking to promote inclusive workforce development. The report details dozens of state policy options under the following frameworks:  

• Laying the groundwork.
• Preparing for work. 
• Getting to and accessing work opportunities.
• Staying at work. 
• Supporting self-employment and entrepreneurship. 

As a partner organization in SEED, NCSL analyzed 144 enacted bills from the 2019 legislative sessions related to disability employment, seeking to identify those bills that align with the Work Matters policy framework. We identified 102 bills from 36 states that directly relate to policy options identified in the Work Matter framework. Those bills and the Work Matters policy areas are summarized below.

Laying the Groundwork

This policy area includes legislation that establishes a broad policy environment that embraces inclusiveness and supports disability employment: 

• The state serving as a model employer.
• State incentives for the business sector that promote the hiring of people with disabilities.
• Training programs that raise awareness about disability etiquette and inclusiveness.
• Optimizing resources through interagency collaboration.

During the 2019 legislative session, 28 states enacted 71 bills related to the Laying the Groundwork policy area. 

Connecticut HB 7093 establishes a 14-member taskforce to study strategies for increasing employment opportunities for people with disabilities, including the expansion of existing employment assistant programs and financial incentives. 

Texas SB 753 requires all contractors participating in the state's Purchasing from People with Disabilities program to increase wages paid to workers with disabilities to minimum wage.

Preparing for Work

This policy area includes legislation that strengthens programs designed to prepare students and adults with disabilities with the necessary skills to successfully enter the workforce:

• Education policies that prepare all youth—including those with disabilities—for college and a career.
• Supporting work-based learning programs inclusive of people with disabilities.
• Promoting meaningful family engagement throughout the education and career development process.

During the 2019 legislative session, 13 states enacted 15 bills related to the Preparing for Work policy area. 

California AB 1019 directs the Interagency Advisory Committee on Apprenticeship to create a subcommittee addressing greater apprenticeship and preapprenticeship opportunities for people with diabilities. This bill also adds the Director of Rehabilitation and executive director of the State Council on Developmental Disabilities to the existing interagency committee. 

Maine LD 740 specifies that all individualized education plans for high school students with disbilties must result in the reciept of a diploma.

Getting to and Accessing Work Opportunities

This policy area includes legislation that improves access to transportation services and promotes accessibility within the workplace:

• Widely available and accessible transportation options for people with disabilities.
• Accessible information and communication technologies in the workplace.

During the 2019 legislative session, 14 states enacted 18 bills related to the Getting to and Accessing Work Opportunities policy area. 

Arkansas HB 1561 establishes the Autonomous Vehicle Pilot Program, authorizing the operation of autonomous vehicles on streets and highways. 

California AB 1651 directs the state's Transportation Agency to conduct an assessment of existing dial-a-ride and paratransit services for people with disabilities. This bill requires the publication of the agency's assessment be made available online before July 1st, 2021. After the publication of this report, this bill directs the agency to adopt guidelines for the development of a statewide program expanding access to in-state public paratransit services for people with disabilities. 

Staying at Work/Returning to Work

This policy area includes legislation that supports workers experiencing a medical condition that challenges their ability to work. These policies are intended to help those workers stay on the job or re-enter the workforce following a leave of absence:

• Supporting employee retention in the event of injury, illness or a change in status of an individual’s disability.
• Tax deductions for contributions to Achieving a Better Life Experience (ABLE) accounts.

During the 2019 legislative session, 10 states enacted 11 bills related to the Staying at Work/Returning to Work policy area. 

New Jersey SB 844 permits workers on temporary disability insurance to recieve benefits while returning to work on a part-time basis.

Nevada AB 128 extends the length of time an employee who suffered a permanent disability can receive vocational rehabilitation job placement services.

Self-Employment and Entrepreneurship

This policy area includes legislation that increases access and opportunity for new and existing business owners with disabilities through entrepreneurship training and business incentives and supports:

• State support for professional development opportunities for people with disabilities.
• State procurement and contract preferences for disability-owned business. ​

During the 2019 legislative session, 3 states enacted 3 bills related to the Self-Employment and Entrepreneurship policy area. 

Maryland HB 680 establishes a responsible workforce development percentage price preference and requires a procurement officer to apply this preference if a bidder is a minority business enterprise.

The box allows you to search by the following Work Matters policy topics:

State as Model Employer, Career Readiness, Stay-at-Work/Return-to-Work, Interagency Coordination, Accessible Transportation, Work-based Learning, ABLE Accounts, Private-sector Engagement, Raising Awareness, State Procurement

 

State	Bill Number	Bill Sponsor	Bill Title	Work Matters Policy
Alabama	SJR 71	J.T. Waggoner (R)	Establishing the Alabama Commission on Artificial Intelligence and Associated Technologies	State as Model Employer, Private-sector Engagement
Alabama	SJR 45	J.T. Waggoner (R)	Recognizing Alabama’s Technology and Growing Artificial Intelligence Job Sectors’ Impact on the State’s Economy	State as Model Employer, Private-sector Engagement
Alaska	HB 221	Stevens (R)	Duties of the Alaska Commission on Postsecondary Education	Career Readiness
Arizona	SB 1079	Livingston (R)	Long-term Disability Program	Stay-at-Work/Return-to-Work
Arkansas	HB 1561	McCollum (R)	Autonomous Vehicle Pilot Program	Accessible Transportation
Arkansas	HB 1651	Ladyman (R)	An Act to Amend and Update the Laws Regarding Treatment for Individuals with Intellectual And Developmental Disabilities and to Ensure Respectful Language is Used within the Arkansas Code	Interagency Coordination
California	AB 1351	Lackey (R)	Paratransit and Dial-a-Ride Services	Accessible Transportation
California	AB 1019	Frazier (D)	Apprenticeship: Developmentally Disabled Persons	Work-based Learning
California	AB 5	Gonzalez (D)	Worker Status: Employees and Independent Contractors	Private-sector Engagement
California	AR 21	Frazier (D)	Relative to Developmental Disabilities Awareness Month	Interagency Coordination
Colorado	SB 188	Winter (D)	Family Medical Leave Insurance Program	Stay-at-Work/Return-to-Work
Colorado	SB 18-270	Jahn (I)	Behavioral Health Crisis Transition Referral Program	Interagency Coordination
Colorado	SB 18-231	Lambert (R)	Transition to Community-based Services Task Force	Interagency Coordination
Connecticut	SB 164	Osten (D)	Mental Health Workers' Compensation Benefits	Stay-at-Work/Return-to-Work
Connecticut	HB 7168	Bolinsky (R)	Transitional Services for Children with Autism Spectrum Disorder	Career Readiness
Connecticut	SB 1	Looney (D)	An Act Concerning Paid Family and Medical Leave	Private-sector Engagement
Connecticut	HB 7424	Aresimowicz (D)	An Act Concerning the State Budget	Interagency Coordination
Connecticut	HB 7093	House Human Services Committee	An Act Establishing a Task Force to Increase Employment Opportunities for Persons with Disabilities	State as Model Employer
Connecticut	SB 140	Fasano (R)	An Act Expanding Eligibility for Tax Relief for Certain Elderly Homeowners	Private-sector Engagement
Delaware	HB 241	Heffernan (D)	An Act to Relating to Employment Practices	Interagency Coordination
Delaware	SB 110	Lockman (D)	An Act Relating to the Architectural Accessibility Board	State as Model Employer
Florida	HB 311	Fischer (R)	Autonomous Vehicles	Accessible Transportation
Hawaii	SCR 120	Cruz (D)	Requesting the Hawaii Developmental Disabilities Council to Convene a Working Group	Interagency Coordination
Illinois	HB 2837	Burke (D)	ABLE Account State Agreements	ABLE Accounts
Illinois	SB 177	Harris III (D)	Business Enterprise Program	State Procurement, Disability-owned Businesses
Illinois	SB 534	Jones (D)	Bureau on Apprenticeship Programs	Work-based Learning
Illinois	SB 2087	Fine (D)	Customized Employment for Individuals with Disabilities Act	Interagency Coordination
Illinois	HB 2557	Andrade (D)	Artificial Intelligence Video Interview Act	Private-sector Engagement
Illinois	SB 1136	Morrison (D)	An Act Concerning State Government	State as Model Employer
Illinois	SB 1449	Morrison (D)	Disability Income Insurance Task Force	Stay-at-Work/Return-to-Work
Illinois	SB 726	Morrison (D)	An Act Concerning State Government	State as Model Employer
Iowa	SF 302	Transportation Cmt.	Autonomous Vehicle Operation	Accessible Transportation
Indiana	HB 1488	Clere (R)	An Act Concerning Family Law and Juvenile Law	Interagency Coordination
Indiana	SB 324	Crider (R)	Disabled Veterans Parking Placards	Accessible Transportation
Kansas	HB 2044	Commerce, Labor and Economic Development Cmt.	An Act Concerning Income Tax Credit for Taxpayer Purchases	Private-sector Engagement
Kentucky	HB 204	Sheldon (R)	STABLE Account Promotion and Administration	ABLE Accounts
Kentucky	HB 338	Koch (R)	An Act Relating to Employment Opportunities for Service Members and Their Families	State as Model Employer
Louisiana	HB 90	Moss (R)	The Angela Downs Act	Accessible Transportation
Louisiana	HB 333	Connick (R)	State Use Council for the Purchase of Goods and Services Provided by Individuals with Disabilities	Interagency Coordination
Maine	SF 2415	Anderson (R)	Higher Education Options for Students with Disabilities	Career Readiness
Maine	HB 740	Fecteau (R)	Repealing Proficiency-based Diploma Standards	Career Readiness
Maine	HB 1270	Kornfield (D)	Resources for People with Disabilities	Career Readiness
Maine	LD 1131	Morales (D)	Act to Improve the Ability of Senior Citizens and Persons with Disabilities to Stay in Their Homes	Accessible Housing
Maine	SP 110	Millett (D)	An Act to Support Healthy Workplaces and Healthy Families by Providing Earned Paid Sick Leave to Certain Employees	Private-sector Engagement
Maryland	HB 680	Cullison (D)	State Procurement, State Funded Construction Projects	State Procurement
Maryland	SB 1014	Patterson (D)	An Act Concerning Assembly Areas, State-Funded Construction or Renovation, Assisted Listening System Requirement	State as Model Employer, Private-sector Engagement
Maryland	HB 1192	Valderrama (D)	An Act Concerning Assembly Areas, State-Funded Construction or Renovation, Assisted Listening System Requirement	State as Model Employer
Massachusetts	SB 2412	Cabral (D)	Twenty-First Century Education Trust Fund	Career Readiness
Minnesota	HF 6	Hornstein (D)	Transit Data Collection for People with Disabilities	Accessible Transportation
Minnesota	HF 211	Schultz (D)	Parking for People with Disabilities	Accessible Transportation
Minnesota	SB 2415	Anderson (R)	Postsecondary Education Option Information	Career Readiness
Montana	HB 288	Caferro (D)	ABLE Account Tax Deductions	ABLE Accounts
Nebraska	LB 570	Walz (NP)	An Act Relating to Public Health and Welfare	Interagency Coordination
Nebraska	LB 294	Scheer (NP)	An Act Relating to Appropriations	Interagency Coordination
Nevada	AB 68	Commerce and Labor Cmt.	State Apprenticeship Council	Work-based Learning
Nevada	SB 202	Spearman (D)	An Act Relating to Persons with Disabilities	Interagency Coordination
Nevada	AB 68	Commerce and Labor Cmt.	An Act Relating to Apprenticeships	Private-sector Engagement
Nevada	AB 456	Commerce and Labor Cmt.	An Act Relating to Wages	Private-sector Engagement
Nevada	AB 128	Cohen (D)	Vocational Rehabilitation Service Extention	Stay-at-Work/Return-to-Work
Nevada	SB 50	Senate Legislative Operations and Elections Committee	An Act Relating to the State Personnel System	State as Model Employer
New Jersey	SB 844	Turner (D)	Partial Return-to-Work Temporary Disability Insurance Program	Stay-at-Work/Return-to-Work
New York	AB 7473	Gunther (D)	NY ABLE Account Balances	ABLE Accounts
New York	AB 7251	Cusick (D)	Accessible Postsecondary Educational Materials	Career Readiness
New York	SB 4276	Skoufis (D)	An Act Updating Language Used in Reference to the Office for People with Developmental Disabilities	Interagency Coordination
New York	AB 6344	Gunther (D)	An Act Related to Disability Service Information	Interagency Coordination
New York	SB 5248	Biaggi (D)	An Act to Amend Labor Law	Private-sector Engagement
North Carolina	SB 556	Edwards (R)	General Statutes Commission People First Language 2019	Interagency Coordination
North Dakota	SB 2187	Lee (R)	Excise Tax Exemption for Disability Transit	Accessible Transportation
North Dakota	HB 1135	Boschee (D)	Accessible Parking Spaces	Accessible Transportation
North Dakota	HB 1406	Nelson (R)	An Income Tax Credit for the Employment of Individuals with Developmental Disabilities or Severe Mental Illness	Private-sector Engagement
Oklahoma	SB 601	Stanislawski (R)	Reading Sufficiency Act	Career Readiness
Oklahoma	SB 280	Simpson (R)	An Act Relating to Long-term Care	Interagency Coordination
Oregon	HB 2211	Interim Cmt. on Higher Education and Workforce Development	Loans for Veterans with Disabilities	Disability-owned Businesses
Oregon	SB 13	At Gov. Brown's request on behalf of state Dept. of Education	Special Education Terminology	Career Readiness, Raising Awareness
Oregon	HB 2377	Smith (D)	Elderly and Disabled Special Transportation Fund	Accessible Transportation
Oregon	HB 3205	Williamson (D)	An Act Relating to Telecommunication Devices Access Program	Interagency Coordination
Oregon	SB 20	At Gov. Brown's request on behalf of state Dept. of Human Services	An Act Relating to Developmental Disability Services	Interagency Coordination
Oregon	SB 19	At Gov. Brown's request on behalf of state Dept. of Human Services	An Act Relating to Human Services	Interagency Coordination
Oregon	SB 494	Gelser (D)	An Act Relating to Employment of Individuals with Disabilities	Private-sector Engagement
Oregon	HB 2005	Williamson (D)	An Act Relating to Family Medical Leave Benefits	Private-sector Engagement
Rhode Island	SB 171	DiPalma (D)	Appropriate Disability Language	Interagency Coordination, Raising Awareness
Rhode Island	HB 6207	Shekarchi (D)	An Act Relating to Statutes and Statutory Construction	Interagency Coordination
Rhode Island	HB 5289	McNamara (D)	Appropriate Disability Language	State as Model Employer, Raising Awareness, Private-sector Engagement
Tennessee	SB 46	Massey (R)	Dynamic Accessibility Act	Accessible Transportation
Tennessee	HB 131	Reedy (R)	Enforcement of Disabilty Parking Violations Study	Accessible Transportation
Tennessee	SB 759	Yarbro (D)	An Act to Amend Tennessee Code Annotated, Title 4	State as Model Employer
Texas	SB 976	Hughes (R)	Vehicle Registration for Health Conditions Impeeding Communication	Accessible Transportation
Texas	SB 2038	Rodriguez (D)	An Act Regarding Occupational Skills Training	Interagency Coordination
Texas	HB 4533	Klick (R)	Relating to the Administration and Operation of Medicaid	Interagency Coordination
Texas	SB 753	Huffman (R)	An Act Relating to Wage Requirements for Community Rehabilitation Programs	State as Model Employer
Utah	HB 101	Spendlove (R)	Autonomous Vehicle Regulations	Accessible Transportation
Utah	HCR 14	Spendlove (R)	Encouraging High Expectations for Students with Disabilities	Career Readiness, Family Engagement
Utah	SB 96	Christensen (R)	Medicaid Expansion Adjustments	Interagency Coordination
Utah	HB 284	Hawkins (R)	State Agency Web Design Guidelines	State as Model Employer
Virginia	HB 2234	Robinson (R)	Short-term Disability	Stay-at-Work/Return-to-Work
Virginia	HB 2137	Thomas (R)	People First Language	Accessible Transportation, Raising Awareness
Virginia	HB 2306	Landes (R)	Long-Term Employment Support Services and Extended Employment Services	Interagency Coordination
Virginia	SB 1485	Hanger (R)	Long-Term Employment Support Services and Extended Employment Services	Interagency Coordination
Virginia	SB 1386	McDougle (R)	The 2019 Management Agreement Between the Commonwealth of Virginia and James Madison University	Private-sector Engagement
Washington	HB 1139	Santos (D)	Future Educator Workforce	Career Readiness
Washington	HB 1199	Cody (D)	Health Care for Working Individuals with Disabilities Program	Interagency Coordination
Washington	HB 1706	Frame (D)	State Agency Employment of Persons with Disabilities--Subminimum Wage	State as Model Employer