Virginia HB 1924: Subminimum Wage (2023)

Summary
“Minimum wage; employees with disabilities. Provides that individuals with disabilities that are paid at subminimum wage pursuant to the federal Fair Labor Standards Act and currently excluded from the Virginia Minimum Wage Act shall be excluded from the Virginia Minimum Wage Act only if those individuals are paid subminimum wage prior to July 1, 2023 by an employer that was authorized to pay a subminimum wage prior to July 1, 2023. This exclusion is in effect until July 1, 2030 when the exclusion is eliminated entirely. The bill also requires the Department for Aging and Rehabilitative Services and the Department of Behavioral Health and Developmental Services to (i) prioritize efforts to support individuals with disabilities who desire to transition from subminimum wage employment to competitive integrated employment and (ii) submit a report by May 1, 2024 to the Governor and the General Assembly on the number of individuals with disabilities employed in subminimum wage employment and the movement of individuals from subminimum wage employment to competitive integrated employment.”

Links:

Virginia HB 1924: Bill Text

Montana HB 922: Olmstead Plan (2023)

Enacted 5/18/23, effective 7/1/23

“An Act requiring the Department of Public Health and Human Services to develop and implement a plan complying with the principles of the Olmstead decision.

…Section 1. Olmstead plan — stakeholder involvement — elements. (1) The department shall develop and implement a plan to ensure that state-funded services and supports for Montanans with disabilities are, to the greatest extent possible, provided in the community rather than in an institutional setting in accordance with the requirements of the United States supreme court decision in Olmstead v. L.C., 527 U.S. 581 (1999).”

Links:

Montana HB 922: Bill Text

California A 339: Qualified ABLE Program Age Limit (2023)

“Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds for the purpose of supporting eligible individuals with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Under the ABLE Act, pursuant to the Consolidated Appropriations Act, 2023, an eligible individual for a taxable year is an individual entitled to specified benefits based on blindness or disability or for whom there is a disability certification filed with the Secretary of the Treasury, and such blindness or disability occurred before the date on which the individual attained 26 years of age, or, on and after January 1, 2026, 46 years of age.”

Links:

California A 339: Bill text

Maryland SB 343: ABLE (2023)

“FOR the purpose of establishing certain procedures regarding the persons who may establish or receive distributions from an ABLE account in the Maryland ABLE Program for a certain eligible individual; requiring the Maryland 529 Board to adopt certain procedures regarding the establishment and operation of an ABLE account by a person other than a certain designated beneficiary; and generally relating to the Maryland ABLE Program.”

Links:

Maryland SB 343: Bill Text

Louisiana HB 167: …provide tuition and fee waiver for certain disabled veterans (2023)

Relates to tuition and fees at public postsecondary education institutions, provides for a tuition and fee waiver for certain disabled veterans, provides for the waiver amount to be calculated after the application of federal benefits, provides criteria for continuing eligibility and for the maximum duration of the waiver.

Summary from National Conference of State Legislatures (NCSL) website

Links:

Louisiana HB 167: Bill Text

Illinois HB 3224: School Code

Amends the Children with Disabilities Article of the School Code, provides that, as part of transition planning, a school district shall provide a student and the parent or guardian of the student with information about the district’s career and technical education opportunities, provides that a student and the parent or guardian of the student shall be provided with information about dual credit courses offered by the school district.

Summary from National Conference of State Legislatures (NCSL) website

Links:

Illinois HB 3224: Bill Text

Florida HB 19: Individual Education Plans (2023)

“An Act relating to individual education plans; amending s. 1003.5716, F.S.; requiring individual education plans for certain students to contain information and instruction on certain legal rights and responsibilities that transfer to students at the age of 18; requiring such information to include ways in which a student may provide informed consent to allow his or her parent to continue to participate in his or her educational decisions; requiring the State Board of Education to adopt rules; providing an effective date.”

Links:

Florida HB 19: Bill Text

California A 857: Vocational Services- Formerly Incarcerated Persons (2023)

“This bill would require the Department of Corrections and Rehabilitation to provide each inmate, upon release, informational materials about vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation, as specified, and an enrollment form for vocational rehabilitation services. The bill would also expand the scope of vocational rehabilitation services offered by the Department of Rehabilitation to include service provided to former inmates with disabilities.”

Links:

California A 857: Bill text

California A 447: Public Postsecondary Education- Disabled Students (2023)

“Authorizes and requests the University of California, to establish and maintain inclusive college programs for students with intellectual and developmental disabilities at four-year public postsecondary educational institutions. Requests inclusive college programs operated by the California State University, and inclusive college programs operated by the University of California, to do certain things, including, among other things, provide students with a person-centered planning process.”

Summary from National Conference of State Legislatures (NCSL)

Links:

California A 447: Bill text

Tennessee SB 2042: Salaries and Benefits

“BILL SUMMARY
ON MARCH 7, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2042, AS AMENDED.

AMENDMENT #1 clarifies that this bill will require employers to pay employees no less than the minimum wage, regardless of the subminimum wage for an employee whose earning or productive capacity is impaired by age, physical, or mental deficiency or injury.”

Links:

Tennessee SB 2042: Bill Text