Full Text of SB1453 100th General Assembly
SB1453sam001 100TH GENERAL ASSEMBLY | Sen. Wm. Sam McCann Filed: 5/22/2017
| | 10000SB1453sam001 | | LRB100 10009 RJF 26418 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1453
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1453 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Personnel Code is amended by adding Section | 5 | | 17b as follows: | 6 | | (20 ILCS 415/17b new) | 7 | | Sec. 17b. Supported employees. | 8 | | (a) The Director of Central Management Services shall | 9 | | develop and implement a supported employment program applying | 10 | | to all State agencies. It shall be the goal of the program, in | 11 | | consultation with the Secretary or Director of each State | 12 | | agency, to appoint supported employees to positions within the | 13 | | various State agencies. | 14 | | (b) The Director shall designate a liaison to work with the | 15 | | various State agencies and departments, and any funder or | 16 | | provider or both, in the implementation of a supported |
| | | 10000SB1453sam001 | - 2 - | LRB100 10009 RJF 26418 a |
|
| 1 | | employment program. | 2 | | (c) As used in this Section: | 3 | | (1) "Supported employee" means any individual who: | 4 | | (A) has a severe physical or mental disability
| 5 | | which seriously limits functional capacities, | 6 | | including, but not limited to, mobility, | 7 | | communication, self-care, self-direction, work | 8 | | tolerance, or work skills, in terms of employability as | 9 | | defined, determined, and certified by the Department | 10 | | of Human Services; and | 11 | | (B) has one or more physical or mental
disabilities | 12 | | resulting from amputation; arthritis; blindness; | 13 | | cancer; cerebral palsy; cystic fibrosis; deafness; | 14 | | heart disease; hemiplegia; respiratory or pulmonary | 15 | | dysfunction; an intellectual disability; mental | 16 | | illness; multiple sclerosis; muscular dystrophy; | 17 | | musculoskeletal disorders; neurological disorders, | 18 | | including stroke and epilepsy; paraplegia; | 19 | | quadriplegia and other spinal cord conditions; sickle | 20 | | cell anemia; and end-stage renal disease; or another | 21 | | disability or combination of disabilities determined | 22 | | on the basis of an evaluation of rehabilitation | 23 | | potential to cause comparable substantial functional | 24 | | limitation. | 25 | | (2) "Supported employment" means competitive work in
| 26 | | integrated work settings: |
| | | 10000SB1453sam001 | - 3 - | LRB100 10009 RJF 26418 a |
|
| 1 | | (A) for individuals with severe disabilities for
| 2 | | whom competitive employment has not traditionally | 3 | | occurred; or | 4 | | (B) for individuals for whom competitive
| 5 | | employment has been interrupted or intermittent as a | 6 | | result of a severe disability, and who, because of | 7 | | their disability, need ongoing support services to | 8 | | perform such work. The term includes transitional | 9 | | employment for individuals with chronic mental | 10 | | illness. | 11 | | (3) "Participation in a supported employee program"
| 12 | | means participation as a supported employee that is not | 13 | | based on the expectation that an individual will have the | 14 | | skills to perform all the duties in a job class, but on the | 15 | | assumption that with support and adaptation, or both, a job | 16 | | can be designed to take advantage of the supported | 17 | | employee's special strengths. | 18 | | (4) "Funder" means any entity either State, local,
| 19 | | federal, or private not-for-profit or for-profit that | 20 | | provides monies to programs that provide services related | 21 | | to supported employment. | 22 | | (5) "Provider" means any entity, either public or
| 23 | | private, which provides technical support and services to | 24 | | any department or agency of State government. | 25 | | (d) The Director, in consultation with the Secretary or | 26 | | Director of each State agency, shall establish job |
| | | 10000SB1453sam001 | - 4 - | LRB100 10009 RJF 26418 a |
|
| 1 | | classifications for supported employees who may be appointed | 2 | | into the classifications without open competitive testing | 3 | | requirements. Supported employees shall serve in a trial | 4 | | employment capacity for not less than 3, but no more than 12, | 5 | | months. When appropriate, at the conclusion of the trial | 6 | | employment period, the supported employee shall be promoted | 7 | | into the position on a permanent full-time basis. | 8 | | (e) The Director shall maintain a record of all individuals | 9 | | hired as supported employees. The record shall include, but not | 10 | | be limited to, the following: | 11 | | (1) the number of supported employees initially
| 12 | | appointed; | 13 | | (2) the number of supported employees who
successfully | 14 | | complete the trial employment periods; and | 15 | | (3) the number of permanent targeted positions by
| 16 | | titles. | 17 | | (f) An employer under this Section shall not hire a | 18 | | supported employee if such a hire would result in: | 19 | | (1) the displacement or partial displacement of
| 20 | | current employees of the employer, including, but not | 21 | | limited to, a reduction in hours of non-overtime or | 22 | | overtime work, wages, or employment benefits; | 23 | | (2) the filling of a position that would otherwise be
a | 24 | | promotional opportunity for current employees of the | 25 | | employer; | 26 | | (3) the filling of a position created by or causing
|
| | | 10000SB1453sam001 | - 5 - | LRB100 10009 RJF 26418 a |
|
| 1 | | termination, layoff, a hiring freeze, or a reduction in the | 2 | | workforce of the employer; | 3 | | (4) the placement of a supported employee in any | 4 | | established
unfilled vacancy; or | 5 | | (5) the performance of work by a supported employee if | 6 | | there
is a strike, lockout, or other labor dispute in which | 7 | | the employer is engaged. | 8 | | (g) An employer who hires supported employees under this | 9 | | Section shall, at least 15 days prior to hiring such an | 10 | | employee, notify the applicable labor organization of the name, | 11 | | work location, and the duties to be performed by the supported | 12 | | employee. | 13 | | (h) The Director, in consultation with the Secretary or | 14 | | Director of each State agency, shall establish a grievance | 15 | | procedure for employees and labor organizations to utilize in | 16 | | the event of any alleged violation of subsections (f) and (g) | 17 | | of this Section. Notwithstanding the above, a labor | 18 | | organization may utilize the established grievance or | 19 | | arbitration procedure in its collective bargaining agreement | 20 | | to contest violations of subsections (f) and (g) of this | 21 | | Section. | 22 | | (i) The Director shall submit an annual report to the | 23 | | General Assembly regarding the employment progress of | 24 | | supported employees, with recommendations for further | 25 | | legislative action. ".
|
|