West Virginia 2021 Regular Session Status: Enacted 8 R cosponsors

HB 2290 — Initiating a State Employment First Policy to facilitate integrated employment of disabled persons

Last action — Chapter 282, Acts, Regular Session, 2021

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

14 added · 163 removed

Plain-language change summary

The recent amendment to House Bill 2290 introduces a new focus on developing a State Employment First Policy, aimed at improving job opportunities for individuals with disabilities. The updated bill proposes the creation of a taskforce to establish and implement this policy, alongside clear definitions for various types of employment tailored for disabled persons. This change is significant because it seeks to promote integrated employment, which can enhance the quality of life and economic independence for those individuals.

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HB2290 S FIN AM #1 Johnson  7909   The Committee on Finance moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
HB2290 S WORK AMT #1 3-10 Vestal  7820   The Committee on Workforce moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
ARTICLE 10Q.
Eng.
EMPLOYMENT FIRST POLICY.
House Bill 2290—H.
§18-10Q-1.
B.
Legislative findings.
2290 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-10Q-1, §18-10Q-2, §18-10Q-3, §18-10Q-4, and §18-10Q-5;
The Legislature finds a need to create a state initiative to promote competitive, integrated, and customized employment opportunities for disabled citizens using publicly funded services regardless of the individual’s level of disability.
all relating to initiating a State Employment First Policy to facilitate integrated employment of disabled persons;
The state Employment First Policy initiative is intended to promote the expectation that individuals with intellectual, developmental, and other disabilities are valued members of the workforce, and can often meet the same employment standards, responsibilities, and expectations as other working-age adults when provided the proper education, reasonable accommodations, and supports.
providing legislative findings;
§18-10Q-2.
establishing a taskforce to develop a State Employment First Policy;
Definitions.
providing for implementation of the State Employment First Policy;
“Competitive Employment” means work that is performed on a full-time or part-time basis (including self-employment) for which an individual is compensated at a rate that is not less than the rates specified in §21-5C-2 of this code, and for which the employee is eligible for the level of benefits provided to other employees and which presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities who have similar positions.
providing definitions for “competitive employment”, “customized employment”, and “integrated employment”;
“Customized Employment” means those employment supports and services for an individual that are designed in a way to personalize the employment relationship between the person with a disability and employer in a way that meets the needs of both.
and incorporating a sunset provision.
“Integrated employment” means employment at a location where the percentage of employees with disabilities relative to the employees without disabilities is consistent with the norms of the general workforce, and where the employees with disabilities interact with other persons, to the same extent as employees in comparable positions without disabilities.
          Adopted Rejected
§18-10Q-3.
Creation of Employment First Taskforce;
membership;
meeting requirements.
(a) The Commissioner of the West Virginia Bureau for Behavioral Health shall establish a taskforce for the purpose of developing and implementing a state Employment First Policy.
(b) The commissioner shall appoint the membership of the taskforce, which shall include, at a minimum, the following members:
(1) The Commissioner of the West Virginia Bureau for Behavioral Health, or his or her representative, who shall chair the taskforce;
(2) An individual with a developmental disability;
(3) An individual with an intellectual disability;
(4) A family member of a person with a disability;
(5) A representative of the Department of Education;
(6) A representative of Workforce West Virginia;
(7) A representative of the Division of Rehabilitation Services;
(8) A representative of the Bureau for Medical Services (State Medicaid Agency);
(9) A representative of the West Virginia Developmental Disabilities Council;
(10) A representative of a provider of integrated and competitive employment services who does not also provide sheltered or otherwise segregated services for individuals with disabilities;
(11) A representative of West Virginia Center of Excellence in Disabilities;
(12) A representative of Disability Rights of West Virginia (the Governor-designated state protection and advocacy agency);
(13) A representative of the West Virginia Statewide Independent Living Council;
(14) A representative of the West Virginia Community and Technical College Systems;
(15) A representative of the West Virginia Behavioral Healthcare Providers Association;
(16) A representative of the West Virginia Association of Rehabilitation Facilities;
and (17) The State of West Virginia Americans with Disabilities Act Coordinator.
(c) The taskforce shall hold meetings at the call of the chairperson or upon written request of a majority of the members.
The taskforce shall meet at least four times a year.
(d)  The chairman of the taskforce shall appointment a member to act as secretary for the purposes of the taking of minutes.  The minutes shall be approved by the taskforce at each meeting.  The minutes and all other documentation shall be maintained by the chair.
§18-10Q-4.
Powers and duties of the taskforce;
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state Employment First Policy;
required plan;
reporting requirements.
(a) The state Employment First Taskforce shall develop and implement a plan that includes the following:
(1) Describes time frames and proposals for aligning state policies, including eligibility and funding priorities, allocations for responsibility, and authority for ensuring implementation;
(2) Details cost projections for additional state funding needed over a five-year period to:
(A) Provide rate increases and incentives to providers that implement Employment First services;
and (B) Train or retrain the workforce;
(3) Describes strategies, timelines, and plans to increase investment in integrated employment services and may carefully consider plans to reduce sheltered work settings;
(4) Incorporates Employment First practices and methods in policy improvement plans providing customized, person-centered, and individually tailored employment supports to people with intellectual, developmental, and other disabilities, including people with complex support needs;
(5) Complies with federal policy and practice mandates regarding employment services design, settings, and coordination among stakeholders, including:
(A) The Centers for Medicare and Medicaid Services Home and Community-Based Services;
(B) Workforce Innovation and Opportunity Act;
and (C) The United States Department of Justice rulings that found that segregated work settings violate the “most integrated setting” rule of the Americans with Disabilities Act relative to the findings of the Supreme Court of the United States in the Olmstead court case;
(6) Describes minimal workforce competency-based training standards applicable for job coaches, case managers, and other relevant personnel;
(7) Establishes interagency agreements, as appropriate, to improve coordination of services, and collect and share data to inform long-term systems planning;
(8) Proposes initiatives to address the culture of low expectations, to which parents of young children with intellectual, developmental, and other disabilities are exposed;
(9) Provides the Governor and Legislature the State Employment First Policy within 12 months of the enactment of this bill;
(10) Ensures:
(A) That individuals, particularly secondary and post-secondary students with disabilities, understand the importance of, and are given the opportunity to explore, options for further training as a pathway to integrated employment;
(B) The availability and accessibility of individualized training and support in an individual’s preferred employment options;
(C) The availability and accessibility of resources necessary to enable an individual to understand possible effects of earned income and accumulation of assets on the individual’s eligibility for public benefits and opportunities to properly manage and save income and assets without jeopardizing such benefits;  (D) That competitive integrated employment, while being the first and preferred outcome, is not required of an individual with a disability to secure and maintain necessary public benefits, health care, training, and support for individuals with disabilities and this statute may not be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this statute would otherwise be entitled;
and (E) That the staff of public schools, vocational service programs, and community providers are trained and supported to assist in achieving the goal of competitive integrated employment for all individuals with disabilities;
and (11) Promotes partnerships with employers to overcome barriers to meet workforce needs, including the creative use of technology and innovation (b) The taskforce shall provide a written report annually to the Governor and the Joint Committee on Government and Finance on the findings and results of the efforts of the taskforce to accomplish the goals of the plan.  These reports shall present data which reflects the number of people with disabilities who attained employment as a result of the implementation of the plan, as well as any barriers to implementation and strategies developed to address them.
(c)  The plan as required by this section shall be updated biennially or more frequently as needed.
(d) The Bureau for Behavioral Health, Division of Rehabilitation Services, the Department of Education, Workforce West Virginia, and the Bureau for Medical Services shall, as recommended by the Employment First Taskforce as established in §18-10Q-3 of this code, adopt and implement a joint State Employment First Policy, which recognizes that earning a wage through competitive employment in the general workforce is the first and preferred outcome of all publicly funded services provided to working-age individuals with disabilities.
§18-10Q-5.
Sunset date.
The taskforce established in §18-10Q-3 of this code shall terminate and cease to exist on December 31, 2025, unless continued by act of the Legislature.
  Adopted Rejected
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Action History

  1. Chapter 282, Acts, Regular Session, 2021

  2. Approved by Governor 4/7/21 - House Journal

  3. Approved by Governor 4/7/21

  4. Approved by Governor 4/7/21 - Senate Journal

  5. To Governor 4/1/21

  6. To Governor 4/1/21 - House Journal

  7. To Governor 4/1/21 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 321)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate with amended title (Roll No. 232)

  15. Read 3rd time

  16. On 3rd reading

  17. Finance Committee amendment adopted (Voice vote)

  18. Workforce Committee amendment withdrawn (Voice vote)

  19. Read 2nd time

  20. On 2nd reading

  21. Read 1st time

  22. On 1st reading

  23. Reported do pass, with amendment

  24. To Finance

  25. Reported do pass with amend and title amend but first to Finance

  26. To Workforce

  27. To Workforce then Finance

  28. Introduced in Senate

  29. Communicated to Senate

  30. Passed House (Roll No. 60)

  31. Read 3rd time

  32. On 3rd reading, Special Calendar

  33. Read 2nd time

  34. On 2nd reading, Special Calendar

  35. Read 1st time

  36. On 1st reading, Special Calendar

  37. By substitute, do pass

  38. To House Government Organization

  39. With amendment, do pass, but first to Government Organization

  40. To House Workforce Development

  41. Introduced in House

  42. To Workforce Development then Government Organization

  43. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

  • Graves

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 2290?
HB 2290 is sponsored by Graves, Conley, Dean Jeffries (Republican), Guy Ward (Republican), Laura Kimble (Republican), Chuck Horst (Republican), D. Rolland Jennings (Republican), Bryan Ward (Republican), Tully, Dana Ferrell (Republican), and Margitta Mazzocchi (Republican).
What is the current status of HB 2290?
This bill has been enacted into law. Introduced February 10, 2021. Enacted.
Where can I track HB 2290?
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