HB401: relative to postsecondary training for workers with disabilities.

CHAPTER 98

HB 401 – FINAL VERSION

15Mar2011… 0527h

2011 SESSION

11-0572

06/05

HOUSE BILL 401

AN ACT relative to postsecondary training for workers with disabilities.

SPONSORS: Rep. Rosenwald, Hills 22; Rep. MacKay, Merr 11; Rep. C. McMahon, Rock 4; Sen. Stiles, Dist 24; Sen. Kelly, Dist 10

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill authorizes the labor commissioner to establish a practical experience/training program for individuals with disabilities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0527h

11-0572

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to postsecondary training for workers with disabilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

98:1 High School and Postsecondary Students; Workers with Disabilities. Amend RSA 279:22-aa to read as follows:

279:22-aa High School and Post Secondary Students; Workers with Disabilities.

I. Upon application by a participating employer or proper school authority, the labor commissioner may establish a sub-minimum wage rate, or no rate, for high school or post secondary students working for practical experience, if circumstances warrant. Guidelines shall be established by the labor commissioner to determine whether an employer-employee relationship exists between participating parties for such work in respect to existing labor laws. No such student shall be allowed to replace an existing worker or a laid-off worker.

II. Upon application by a proper post-secondary organization or rehabilitation facility as defined by and in a manner established by the labor commissioner, the commissioner may establish a practical experience/training program at a sub-minimum wage rate or no wage rate for individuals with disabilities. If such program is established, the commissioner shall establish guidelines to determine whether an employer-employee relationship exits between the parties for work performed through the program that is consistent with state and federal law. No such individual with disabilities, while in the program, shall be allowed to replace an existing worker or a laid-off worker.

98:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 27, 2011

Effective Date: July 26, 2011