SB1453 EngrossedLRB100 10009 RJF 20181 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Personnel Code is amended by adding Section
517b as follows:
6    (20 ILCS 415/17b new)
7    Sec. 17b. Supported employees.
8    (a) The Director of Central Management Services shall
9develop and implement a supported employment program applying
10to all State agencies. It shall be the goal of the program, in
11consultation with the Secretary or Director of each State
12agency, to appoint supported employees to positions within the
13various State agencies.
14    (b) The Director shall designate a liaison to work with the
15various State agencies and departments, and any funder or
16provider or both, in the implementation of a supported
17employment program.
18    (c) As used in this Section:
19        (1) "Supported employee" means any individual who:
20            (A) has a severe physical or mental disability
21        which seriously limits functional capacities,
22        including, but not limited to, mobility,
23        communication, self-care, self-direction, work



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1        tolerance, or work skills, in terms of employability as
2        defined, determined, and certified by the Department
3        of Human Services; and
4            (B) has one or more physical or mental disabilities
5        resulting from amputation; arthritis; blindness;
6        cancer; cerebral palsy; cystic fibrosis; deafness;
7        heart disease; hemiplegia; respiratory or pulmonary
8        dysfunction; an intellectual disability; mental
9        illness; multiple sclerosis; muscular dystrophy;
10        musculoskeletal disorders; neurological disorders,
11        including stroke and epilepsy; paraplegia;
12        quadriplegia and other spinal cord conditions; sickle
13        cell anemia; and end-stage renal disease; or another
14        disability or combination of disabilities determined
15        on the basis of an evaluation of rehabilitation
16        potential to cause comparable substantial functional
17        limitation.
18        (2) "Supported employment" means competitive work in
19    integrated work settings:
20            (A) for individuals with severe disabilities for
21        whom competitive employment has not traditionally
22        occurred; or
23            (B) for individuals for whom competitive
24        employment has been interrupted or intermittent as a
25        result of a severe disability, and who, because of
26        their disability, need ongoing support services to



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1        perform such work. The term includes transitional
2        employment for individuals with chronic mental
3        illness.
4        (3) "Participation in a supported employee program"
5    means participation as a supported employee that is not
6    based on the expectation that an individual will have the
7    skills to perform all the duties in a job class, but on the
8    assumption that with support and adaptation, or both, a job
9    can be designed to take advantage of the supported
10    employee's special strengths.
11        (4) "Funder" means any entity either State, local,
12    federal, or private not-for-profit or for-profit that
13    provides monies to programs that provide services related
14    to supported employment.
15        (5) "Provider" means any entity, either public or
16    private, which provides technical support and services to
17    any department or agency of State government.
18    (d) The Director, in consultation with the Secretary or
19Director of each State agency, shall establish job
20classifications for supported employees who may be appointed
21into the classifications without open competitive testing
22requirements. Supported employees shall serve in a trial
23employment capacity for not less than 3, but no more than 12,
24months. When appropriate, at the conclusion of the trial
25employment period, the supported employee shall be promoted
26into the position on a permanent full-time basis.



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1    (e) The Director shall maintain a record of all individuals
2hired as supported employees. The record shall include, but not
3be limited to, the following:
4        (1) the number of supported employees initially
5    appointed;
6        (2) the number of supported employees who successfully
7    complete the trial employment periods; and
8        (3) the number of permanent targeted positions by
9    titles.
10    (f) An employer under this Section shall not hire a
11supported employee if such a hire would result in:
12        (1) the displacement or partial displacement of
13    current employees of the employer, including, but not
14    limited to, a reduction in hours of non-overtime or
15    overtime work, wages, or employment benefits;
16        (2) the filling of a position that would otherwise be a
17    promotional opportunity for current employees of the
18    employer;
19        (3) the filling of a position created by or causing
20    termination, layoff, a hiring freeze, or a reduction in the
21    workforce of the employer;
22        (4) the placement of a supported employee in any
23    established unfilled vacancy; or
24        (5) the performance of work by a supported employee if
25    there is a strike, lockout, or other labor dispute in which
26    the employer is engaged.



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1    (g) An employer who hires supported employees under this
2Section shall, at least 15 days prior to hiring such an
3employee, notify the applicable labor organization of the name,
4work location, and the duties to be performed by the supported
6    (h) The Director, in consultation with the Secretary or
7Director of each State agency, shall establish a grievance
8procedure for employees and labor organizations to utilize in
9the event of any alleged violation of subsections (f) and (g)
10of this Section. Notwithstanding the above, a labor
11organization may utilize the established grievance or
12arbitration procedure in its collective bargaining agreement
13to contest violations of subsections (f) and (g) of this
15    (i) The Director shall submit an annual report to the
16General Assembly regarding the employment progress of
17supported employees, with recommendations for further
18legislative action.