Sen. Wm. Sam McCann

Filed: 5/22/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1453 by replacing
3everything after the enacting clause with the following:
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



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1employment 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:



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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
26Director of each State agency, shall establish job



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1classifications for supported employees who may be appointed
2into the classifications without open competitive testing
3requirements. Supported employees shall serve in a trial
4employment capacity for not less than 3, but no more than 12,
5months. When appropriate, at the conclusion of the trial
6employment period, the supported employee shall be promoted
7into the position on a permanent full-time basis.
8    (e) The Director shall maintain a record of all individuals
9hired as supported employees. The record shall include, but not
10be 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
18supported 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



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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
9Section shall, at least 15 days prior to hiring such an
10employee, notify the applicable labor organization of the name,
11work location, and the duties to be performed by the supported
13    (h) The Director, in consultation with the Secretary or
14Director of each State agency, shall establish a grievance
15procedure for employees and labor organizations to utilize in
16the event of any alleged violation of subsections (f) and (g)
17of this Section. Notwithstanding the above, a labor
18organization may utilize the established grievance or
19arbitration procedure in its collective bargaining agreement
20to contest violations of subsections (f) and (g) of this
22    (i) The Director shall submit an annual report to the
23General Assembly regarding the employment progress of
24supported employees, with recommendations for further
25legislative action.".