Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Title 41 of the 1976 Code is amended by adding:
Section 41-5-110. This chapter must be known and may be cited as the 'Employment First Initiative Act'.
Section 41-5-120. As
used in this chapter:
(1) 'Competitive
integrated employment' means work in the competitive labor
market that is:
(a)
performed on a full-time or part-time basis in an
integrated setting; and
(b)
for which an individual is compensated at or above the
minimum wage, but not less than the customary wage and level of
benefits paid by the employer for the same or similar work
performed by individuals without disabilities.
(2) 'Integrated
setting' means, with respect to an employment outcome, a setting
typically found in the community in which employed individuals
with disabilities interact with individuals without
disabilities, other than individuals who are providing services
to employees with disabilities, to the same extent that
individuals without disabilities in comparable positions
interact with other people.
Section 41-5-130. All state agencies and political subdivisions of this State shall consider adopting a policy that encourages competitive integrated employment for individuals with disabilities.
Section 41-5-140. All
state agencies are encouraged to:
(1) coordinate efforts
and collaborate within and among themselves to ensure that state
programs, policies, procedures, and funding support the
competitive and integrated employment of individuals with
disabilities;
(2) share data and
information across systems in order to track progress toward
full implementation of this chapter, whenever feasible, and in
accordance with all applicable state and federal confidentiality
laws; and
(3) adopt rules and
promulgate regulations to implement the provisions of this
chapter.
Section 41-5-150. (A)
There is hereby established the South
Carolina Employment First Oversight Commission consisting of
seventeen members. The commission consists of the following
members who serve for a three-year term with a limit of two
consecutive terms:
(1)
one must be appointed by the Governor from Protection and
Advocacy for People with Disabilities;
(2)
one must be appointed by the Governor from the South
Carolina Developmental Disabilities Council;
(3)
one must be appointed by the Governor from Able South
Carolina;
(4)
one must be appointed by the Governor from the South
Carolina University Center for Excellence in Developmental
Disabilities;
(5)
one must be appointed by the Governor from a
cross-disability, consumer-run, private entity;
(6)
two members representing the business community appointed
by the Governor;
(7)
the State Superintendent of Education or his designee,
serving ex officio;
(8)
the Director of the South Carolina Department of
Employment and Workforce or his designee, serving ex officio;
(9)
the Director of the South Carolina Department of
Disabilities and Special Needs or his designee, serving ex
officio;
(10)
the Director of the South Carolina Department of Mental
Health or his designee, serving ex officio;
(11)
the Director of the South Carolina Vocational
Rehabilitation Department or his designee, serving ex officio;
(12)
the Director of the South Carolina Commission for the
Blind or his designee, serving ex officio; and
(13)
four members, each of whom has a disability or substantial
knowledge of disability issues and who is employed by a
governmental or private entity which provides an employment
service to individuals with disabilities, provided at least two
of these members must have a disability. Of the members
appointed pursuant to the item:
(a)
one must be appointed by the Speaker of the House of
Representatives;
(b)
one must be appointed by the Minority Leader of the House
of Representatives;
(c)
one must be appointed by the President Pro Tempore of the
Senate; and
(d)
one must be appointed by the Minority Leader of the
Senate.
(B) The Governor shall
designate one member to convene and organize the first meeting
of the commission. During this meeting, the commission shall
elect a chairperson and a vice chairperson from among its
members.
(C) All actions of the
commission must be taken by a majority of the members of the
commission present and voting.
(D) Members of the
commission may not receive compensation, mileage, subsistence,
or per diem for their service to the commission.
Section 41-5-160. Within six months after the first meeting required in Section 41-5-150(B), the commission shall establish evidence-based measurable goals and objectives to encourage implementation of this chapter. The commission shall track the measurable progress of state agencies in implementing this chapter. All state agencies are encouraged to assist the commission in carrying out its duties by fully cooperating with each other and the commission, and by providing data and information in accordance with all applicable state and federal confidentiality laws.
Section 41-5-170. The commission annually shall, before January first, issue a report to the Governor and members of the General Assembly which details progress toward the goals and objectives of the commission and progress toward the full implementation of this chapter. The report also shall identify barriers to achieving the outcomes and effective strategies and policies that can help realize the employment first initiative. All state agencies are encouraged to cooperate with the commission on the creation and dissemination of the annual report.
Section 41-5-180. The commission may seek the guidance and expertise of all stakeholders, including individuals with disabilities, organizations that advocate on behalf of individuals with disabilities, providers of services to individuals with disabilities, local government, and business associations."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.