ASSEMBLY HUMAN SERVICES COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4837

with committee amendments

STATE OF NEW JERSEY

DATED:  MAY 16, 2019

      The Assembly Human Services Committee reports favorably and with committee amendments Assembly Bill No. 4837.

      As amended by the committee, 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, 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) make recommendations to the Commissioner of Human Services for cost-effective provision, coordination, and improvement of services for individuals who are deaf, deaf-blind, and hard of hearing; 2) increase public awareness of the specific needs and abilities of individuals who are deaf, deaf-blind, or hard of hearing, and consider the need for new State programs concerning these populations; 3) undertake active efforts to recognize and include the viewpoints and experiences of individuals from diverse backgrounds who are deaf, deaf-blind, or hard of hearing; 4) work with relevant educational providers, the Department of Education, and other relevant organizations and agencies to improve and expand postsecondary education options for individuals who are deaf, deaf-blind, and hard of hearing; 5) work with relevant employers, the Department of Labor and Workforce Development, and other relevant organizations and agencies to establish best practices that ensure equal opportunity in employment options and outcomes for individuals who are deaf, deaf-blind, and hard of hearing; 6) identify process improvements in the delivery of government services for deaf, deaf-blind, and hard of hearing residents; and 7) 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 consist of 23 (as opposed to 18) members.  The number of ex officio members would be increased from six to seven, and the number of public members would be increased from 12 to 16. 

      Specifically, as amended by the committee, 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 Secretary of  Higher Education; and the Superintendent of the Marie Katzenbach School for the Deaf. 

      Sixteen public members would be appointed, as follows:  one would be a licensed audiologist; one would be a licensed speech-language pathologist who has experience in working with the deaf and hard of hearing populations; one would be an instructor of American Sign Language (ASL); 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; one would be a citizen who is deaf-blind; four 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 four 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 New Jersey.  Of the public members appointed to the council, six are to be appointed by the Governor, five are to be appointed by the President of the Senate, and five are to be appointed by the Speaker of the General Assembly.

      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 member reappointments and removals, 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.

     As reported by the committee, Assembly Bill No. 4837 is identical to Senate Bill No. 3263 (2R), which the committee also reported favorably on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      1)   add five new members to the advisory council, including a licensed speech-language pathologist, an instructor of American Sign Language, a citizen who is deaf-blind, an additional citizen who is deaf, and an additional citizen who is hard of hearing, bringing the council’s public membership up to 16, and total membership up to 23;

      2)   require two of the four council members who are hard of hearing to be selected from a list of candidates supplied by the Hearing Loss Association of New Jersey (as opposed to the Hearing Loss Association of America);

      3)   Provide for six public members to be appointed by the Governor, five to be appointed by the President of the Senate, and five to be appointed by the Speaker of the General Assembly.

      4)   eliminate the provisions of the bill that would have required the advisory council to consolidate and centralize pertinent research and data;

      5)   in addition to the council’s other duties, require the council to make recommendations to the Commissioner of Human Services for cost-effective provision, coordination, and improvement of services for individuals who are deaf, deaf-blind, and hard of hearing; to increase public awareness of the specific needs and abilities of individuals who are deaf, deaf-blind, or hard of hearing; to consider the need for new State programs concerning these populations; and to undertake active efforts to recognize and include the viewpoints and experiences of individuals from diverse backgrounds who are deaf, deaf-blind, or hard of hearing;

      6)   remove the provision that would have specified that the council is to organize as soon as possible after the appointment of its members, since the council is already organized, and is simply being reconstituted by the bill;

      7)   remove certain provisions that would have modified the statutory requirements for initial staggered appointments to the advisory council, and restore the current statutory language, since initial appointments have already been made to the advisory council; and further clarify that the staggered appointment requirements contained in subsection c. of section 1 of the bill are applicable only to the initial appointments that were made by the Governor in 1977, following the enactment of the law that initially established the council (P.L.1977, c.166);

      8)   add appropriate references to the deaf-blind population throughout the bill;

      9)   clarify that the council is to work with educational providers and the Department of Education “to make recommendations” as to how to improve and expand postsecondary education options for individuals who are deaf, deaf-blind, and hard of hearing, and that the council is to work with relevant employers and the Department of Labor and Workforce Development “to establish best practices” that ensure equal opportunity in employment options and outcomes for individuals in these populations;

      10) replace an obviated reference to the Executive Director of the Commission on Higher Education with a corrected reference to the Secretary of Higher Education;

      11) remove a redundant provision that would have required each council member to hold office until their successor is appointed and qualified, since such provision is already contained in the existing law; and

      12)  make other technical changes.