HB5256ham001 103RD GENERAL ASSEMBLY

Rep. Harry Benton

Filed: 3/22/2024

10300HB5256ham001 LRB103 39469 SPS 71108 a

AMENDMENT TO HOUSE BILL 5256

AMENDMENT NO. ______. Amend House Bill 5256 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by adding Section 405-122.1 as follows:

(20 ILCS 405/405-122.1 new)

Sec. 405-122.1. Fellowship program for persons with a disability. The Department shall, by rule, establish a fellowship program through which persons with a disability may attain employment with a State agency. A participant in the fellowship program shall be employed by a State agency for a 6-month period in a position determined by the State agency in collaboration with the program participant. The program participant shall be considered an at-will employee of the State agency and may be terminated by the State agency at any time for cause. After the 6-month period, the State agency shall consider the program participant for permanent employment. Unless otherwise required by law, a State agency considering a program participant for permanent employment shall evaluate the program participant based on work performed during the fellowship and shall not require the program participant to perform any additional pre-employment interviews or examinations.

Section 10. The Personnel Code is amended by changing Section 17b as follows:

(20 ILCS 415/17b)

Sec. 17b. Trainee program for persons with a disability.

(a) Notwithstanding any other provision of law, on and after July 1, 2020, each State agency with 1,500 employees or more shall, and each executive branch constitutional officer may, offer at least one position per year to be filled by a person with a disability, as defined by the federal Americans with Disabilities Act, through an established trainee program. Agencies with fewer than 1,500 employees may also elect to participate in the program. The trainee position shall last for a period of at least 6 months and shall require the trainee to participate in the trainee program for at least 20 hours per week. The program shall be administered by the Department of Central Management Services. The Department of Central Management Services shall conduct an initial assessment of potential candidates, and the hiring agency or officer shall conduct a final assessment. Upon successful completion of the trainee program, the respective agency or officer shall certify completion of the trainee program, with final approval provided by the Department of Central Management Services. Individuals who successfully complete a trainee appointment under this Section are eligible for promotion to the target title without further examination. The Department of Central Management Services, in cooperation with the Employment and Economic Opportunity for Persons with Disabilities Task Force, may adopt rules to implement and administer the trainee program for persons with disabilities, including, but not limited to, establishing non-political selection criteria, implementing an assessment and interview process, if necessary, that accommodates persons with a disability, and linking trainee programs to targeted full-time position titles.

(b) The Employment and Economic Opportunity for Persons with Disabilities Task Force shall prepare an annual report to be submitted to the Governor and the General Assembly that includes: (1) best practices for helping persons with a disability gain employment; (2) proposed rules for adoption by the Department of Central Management Services for the administration and implementation of the trainee program under this Section; (3) the number of agencies that participated in the trainee program under this Section in the previous calendar year; and (4) the number of individuals who participated in the trainee program who became full-time employees of the State at the conclusion of the trainee program.

(c) For the purposes of this Section, "disability" has the meaning ascribed to that term in the federal Americans with Disabilities Act. "Disability" includes a diagnosis of Autism Spectrum Disorder by a medical professional.

(Source: P.A. 103-108, eff. 6-27-23.)

Section 99. Effective date. This Act takes effect upon becoming law.".