Bill Text: IL SB1453 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Personnel Code. Provides for the creation of a supported employees program by the Department of Central Management Services. Provides that the Director of Central Management Services shall develop and implement a supported employment program applying to all State agencies. Provides that the Director shall designate a liaison to work with the various State agencies and departments, and any funder or provider or both, in the implementation of a supported employment program. Provides that the Director, in consultation with the Secretary or Director of each State agency, shall establish job classifications for supported employees who may be appointed into the classifications without open competitive testing requirements. Provides that supported employees shall serve in a trial employment capacity for not less than 3, but no more than 12, months. Requires the Director to maintain a record of all individuals hired as supported employees, and submit an annual report to the General Assembly regarding the employment progress of supported employees, with recommendations for further legislative action. Defines terms.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0866 [SB1453 Detail]

Download: Illinois-2017-SB1453-Engrossed.html

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SB1453 Engrossed LRB100 10009 RJF 20181 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Personnel Code is amended by adding Section
17b as follows:
(20 ILCS 415/17b new)
Sec. 17b. Supported employees.
(a) The Director of Central Management Services shall
develop and implement a supported employment program applying
to all State agencies. It shall be the goal of the program, in
consultation with the Secretary or Director of each State
agency, to appoint supported employees to positions within the
various State agencies.
(b) The Director shall designate a liaison to work with the
various State agencies and departments, and any funder or
provider or both, in the implementation of a supported
employment program.
(c) As used in this Section:
(1) "Supported employee" means any individual who:
(A) has a severe physical or mental disability
which seriously limits functional capacities,
including, but not limited to, mobility,
communication, self-care, self-direction, work

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

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

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

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