A4837

An Act concerning the Advisory Council on the Deaf and Hard of Hearing and amending P.L.1977, c.166.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 8 of P.L.1977, c.166 (C.34:1-69.1a.) is amended to read as follows:

8. a. There shall be, within the Division of the Deaf and Hard of Hearing in the Department of Human Services, an Advisory Council on the Deaf and Hard of Hearing [which].

b. The advisory council shall consist of 18 members. [One representative from each of the following shall be ex-officio members:] Seven members, or their designees, shall serve ex officio, as follows: the Director of the Office of Special Education Policy and Procedure in the Department of Education[,]; the Director of the Early Hearing Detection and Intervention Program in the Department of Health[,]; the Director of the Division of the Deaf and Hard of Hearing in the Department of Human Services[,]; the Director of the Division of Aging Services in the Department of Human Services; the Director of the Division of Vocational Rehabilitation Services in the Department of Labor[,] and Workforce Development; the Executive Director of the Commission on Higher Education; and the Superintendent of the Marie Katzenbach School for the Deaf. [Twelve]

Eleven members shall be appointed by the Governor, as follows: one shall be a licensed audiologist; one shall be an educational provider who represents an educational center that uses an auditory-oral approach; one shall be a business person who shall be selected from a list of candidates supplied by the New Jersey State Chamber of Commerce[,]; one shall be a lay citizen born of deaf parents[, five]; one shall be a parent of a child who is deaf or hard of hearing; three shall be citizens who are deaf, two of whom shall be [chosen from the professions and three to be lay persons,] selected from a list of candidates supplied by the New Jersey Association of the Deaf; and [five] three shall be citizens who are hard of hearing, two of whom shall be selected from a list of candidates supplied by the Hearing Loss Association of America. [In considering the appointment of the five citizens who are deaf the Governor shall give appropriate consideration to persons recommended by profoundly deaf adults represented by the New Jersey Association of the Deaf, Incorporated. In considering the appointment of the five citizens who are hard of hearing, the Governor shall give appropriate consideration to persons recommended by hard of hearing adults represented by the organization, Self Help for Hard of Hearing People, Inc.]

c. Each [appointive] appointed member of the advisory council shall serve for a term of three years, and until [his] a successor is appointed and [qualifies] qualified, except that, of the members first appointed, [the Governor shall designate the appointee's terms so that two] three shall be appointed for terms of one year, [two] four shall be appointed for terms of two years, and [three] four shall be appointed for terms of three years. Each member shall hold office for the term of appointment, and until their successor is appointed and qualified. Appointed members of the council may be removed by the Governor, at any time, for cause. Any vacancy on the council shall be filled for the unexpired term, in the same manner provided for the original appointment. Members shall be eligible for reappointment to the advisory council.

d. The purpose of the advisory council shall be to support New Jersey’s deaf and hard of hearing community by safeguarding the rights of persons who are deaf or hard of hearing, consolidating pertinent research and data, providing guidance on legislative policy, and ensuring the efficient delivery of government services to the deaf and hard of hearing populations in the State. In effectuating these purposes, the advisory council shall:

(1) partner with State agencies to centralize pertinent data on outcomes and available government services for New Jersey residents who are deaf and hard of hearing;

(2) work with relevant educational providers, the Department of Education, and other relevant organizations and agencies to improve and expand postsecondary education options for the deaf and hard of hearing;

(3) work with relevant employers, the Department of Labor and Workforce Development, and other relevant organizations and agencies to ensure equal opportunity in employment options and outcomes for the deaf and hard of hearing;

(4) identify process improvements in the delivery of government services for the deaf and hard of hearing; and

(5) ensure public transparency in the advisory council’s activities through the publication of meeting minutes, the sharing of pertinent reports and data, and the public identification of ex-officio advisory council members.

[b.] e. The advisory council shall organize as soon as practicable following the appointment of a majority of its members, and may meet and hold hearings at such places and times as it shall designate. A majority of the appointed membership shall constitute a quorum.

f. Members of the [Advisory Council on the Deaf and Hard of Hearing] advisory council shall serve without compensation, but shall be entitled to reimbursement for necessary and reasonable expenses incurred in performance of their duties, within the limits of funds appropriated or otherwise made available to the council for its purposes. [Vacancies on the council shall be filled for the unexpired term. Members may be removed by the Governor for cause.]

g. The Department of Human Services shall provide professional and clerical staff to the advisory council, as may be necessary for the advisory council’s purposes, and the advisory council shall be entitled to call upon the services of any State, county, or municipal department, board, commission, or agency, as may be available to it for its purposes.

h. In executing its duties under this section, the advisory council shall consult with associations, organizations, and individuals who are knowledgeable about the needs of persons who are deaf or hard of hearing, and the needs of their families.

(cf: P.L.1995, c.168, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would update the purpose and revise the membership of the existing Advisory Council on the Deaf and Hard of Hearing in the Department of Human Services.

Under the bill’s provisions, the revised purpose of the advisory council would be to support New Jersey’s deaf and hard of hearing community by safeguarding the rights of persons who are deaf or hard of hearing, consolidating pertinent research and data, providing guidance on legislative policy, and ensuring the efficient delivery of government services to the deaf and hard of hearing populations in the State. In order to effectuate these purposes, the advisory council would be required to: 1) partner with State agencies to centralize pertinent data on outcomes and available government services for New Jersey residents who are deaf and hard of hearing; 2) work with relevant educational providers, the Department of Education, and other relevant organizations and agencies to improve and expand postsecondary education options for the deaf and hard of hearing; 3) work with relevant employers, the Department of Labor and Workforce Development, and other relevant organizations and agencies to ensure equal opportunity in employment options and outcomes for the deaf and hard of hearing; 4) identify process improvements in the delivery of government services for the deaf and hard of hearing; and 5) ensure public transparency in the advisory council’s activities through the publication of meeting minutes, the sharing of pertinent reports and data, and the public identification of ex-officio advisory council members.

The bill also provides for changes in the membership of the advisory council. Under the revised membership, the council would continue to consist of 18 members; however, the number of ex officio members would be increased from six to seven, and the number of members appointed by the Governor would be reduced from 12 to 11.

Specifically, under the revised membership, seven members, or their designees, would serve ex officio, as follows: the Director of the Office of Special Education Policy and Procedure in the Department of Education; the Director of the Early Hearing Detection and Intervention Program in the Department of Health; the Director of the Division of the Deaf and Hard of Hearing in the Department of Human Services; the Director of the Division of Aging Services in the Department of Human Services; the Director of the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development; the Executive Director of the Commission on Higher Education; and the Superintendent of the Marie Katzenbach School for the Deaf.

Eleven members would be appointed by the Governor, as follows: one would be a licensed audiologist; one would be an educational provider who represents an educational center that uses an auditory-oral approach; one would be a business person who is to be selected from a list of candidates supplied by the New Jersey State Chamber of Commerce; one would be a lay citizen born of deaf parents; one would be a parent of a child who is deaf or hard of hearing; three would be citizens who are deaf, two of whom are to be selected from a list of candidates supplied by the New Jersey Association of the Deaf; and three would be citizens who are hard of hearing, two of whom are to be selected from a list of candidates supplied by the Hearing Loss Association of America.

The bill also updates the law to ensure that it complies with current bill drafting requirements associated with the establishment and operations of advisory councils and commissions. In particular, the bill includes new references to: term limits and staggered appointments; member reappointments and removals; council organization and meetings; and the use of DHS staff for clerical purposes. The bill also requires the council, in executing its revised duties, to consult with associations, organizations, and individuals who are knowledgeable about the needs of persons who are deaf or hard of hearing, and the needs of their families.