A3146

An Act concerning disability etiquette training for State employees and supplementing Title 11A of the New Jersey Statutes.

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

1. a. The State Treasurer, in consultation with the Commissioner of Human Services, shall:

(1) develop a training program that is designed to inform all State employees about the laws, and the rules of etiquette, that are applicable to the treatment and accommodation of individuals with intellectual, developmental, or other mental or physical disabilities; and

(2) regularly revise and update the training program developed pursuant to paragraph (1) of this subsection, as necessary to maintain consistency with current law and practice in this area.

b. At a minimum, the training program developed pursuant to this section shall include instruction on:

(1) the import and substance of the “Americans with Disabilities Act,” 42 U.S.C. s.12101 et seq.;

(2) the methods and approaches that can be used to reasonably accommodate the needs of individuals with disabilities; and

(3) the proper etiquette that is to be used by State employees when working or otherwise interacting with individuals with disabilities.

c. The training program developed under this section shall be made available to, and implemented by, each State government employer no later than one year after the effective date of this act.

d. (1) A State government employer shall administer the training program developed pursuant to this section to all of its employees. In the case of an individual who is employed before the training program is implemented, as provided by subsection c. of this section, the employer shall administer the training to the individual no later than 180 days after the training program is implemented pursuant to subsection c. of this section, and biennially thereafter. In the case of an individual who becomes employed after the training program is implemented pursuant to subsection c. of this section, the employer shall administer the training to the individual no later than 180 days after hiring, and biennially thereafter.

(2) Within five days after a State employee completes initial or biennial refresher training, as required by this subsection, the employee shall file with the employer a certification stating that the employee has completed the requisite training. The employer shall take appropriate action to ensure that such certifications are timely filed, in accordance with this paragraph; shall retain a copy of each such certification for the duration of the employee’s employment; and shall forward a copy of any such certification to the State Treasurer or the Commissioner of Human Services, upon request.

e. The State Treasurer, in consultation with the Commissioner of Human Services, shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this section.

f. As used in this section:

“State government employer” or “employer” means a State department or agency, or any other service or entity that is operated by any branch of State government.

“State employee” or “employee” means a person who is employed by a State government employer, and who is classified as a member of the career service, the senior executive service, or the State unclassified service, as those services are defined by N.J.S.11A:3-1 et seq. and the State’s Civil Service Commission.

2. This act shall take effect immediately.

STATEMENT

This bill would require the State Treasurer (who has the authority, under law, to establish training programs for State employees) to work in consultation with the Commissioner of Human Services to: 1) develop a training program to inform all State employees about the laws, and the rules of etiquette, that are applicable to the treatment and accommodation of individuals with intellectual, developmental, or other mental or physical disabilities; and 2) regularly revise and update the training program in order to maintain consistency with current law and practice in this area.

At a minimum, the bill would require the training program to include instruction on: 1) the import and substance of the “Americans with Disabilities Act,” 42 U.S.C. s.12101 et seq.; 2) the methods and approaches that can be used to reasonably accommodate the needs of individuals with disabilities; and 3) the proper etiquette that is to be used by State employees when working or otherwise interacting with individuals with disabilities.

The training program is to be made available to, and implemented by, each State government employer no later than one year after the bill’s effective date, and each State government employer is to administer the training program to all of its employees. Individuals who are employed prior to the implementation of the training program will be required to complete the training no later than 180 days after the training program is implemented, and biennially thereafter. Individuals who become employed after the training program is implemented will be required to complete the training no later than 180 days after hiring, and biennially thereafter. Each employee will be required to file a certification with the employer stating that the employee has completed the training, and the employer will be required to retain those certifications and forward them to the State Treasurer or the Commissioner of Human Services, upon request.