Substitute Senate Bill No. 73
          Substitute Senate Bill No. 73

              PUBLIC ACT NO. 98-205


AN  ACT  CONCERNING STATE EMPLOYMENT OPPORTUNITIES
FOR PERSONS WITH DISABILITIES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section   1.  Section  4-61t  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    There  shall  be  established  a  Committee on
Career  ENTRY  AND  Mobility,  appointed  by   the
Commissioner   of   Administrative   Services  and
chaired  by  the  Commissioner  of  Administrative
Services  or  his  designee, which shall include a
representative  of  the  Office  of   Policy   and
Management,  a representative of the Department of
Administrative  Services  who   is   involved   in
classification  activity,  a representative of the
Commission on Human Rights  and  Opportunities,  a
representative  of the Permanent Commission on the
Status of Women, A REPRESENTATIVE OF THE OFFICE OF
PROTECTION   AND   ADVOCACY   FOR   PERSONS   WITH
DISABILITIES and ten additional  persons,  two  of
whom    shall    be    state    agency   personnel
administrators,  four  of  whom  shall  be   labor
representatives and four of whom shall be employed
in state service and familiar with the problems of
career  mobility,  [and] affirmative action, [and]
the implementation of corrective programs, AND THE
ACCOMMODATION  AND  ENTRY  LEVEL  NEEDS OF PERSONS
WITH DISABILITIES. The committee  shall  determine
how  career  counseling  can  be best provided and
training opportunities best met and made available
within  the  funds  allotted.  The committee shall
also develop mechanisms to communicate information
about  state  employment  opportunities  to  state
employees AND PERSONS WITH DISABILITIES  WHO  WISH
TO  BECOME  STATE  EMPLOYEES.  The committee shall
advise the Commissioner of Administrative Services
concerning  broader usage of classification titles
affecting  upward  mobility,   THE   ENTRY   LEVEL
EMPLOYMENT  OF  PERSONS  WITH  DISABILITIES and an
effective procedure for  reporting  compliance  to
the   legislature.  The  committee  shall  prepare
written  guidelines  for  implementation  of   the
career  mobility  program  described in [sections]
SUBSECTION (a) OF SECTION  4-61u,  AS  AMENDED  BY
SECTION  2  OF  THIS  ACT, [and] SECTION 4-61w and
this  section  AND  THE  ENTRY  LEVEL   EMPLOYMENT
PROGRAM FOR PERSONS WITH DISABILITIES DESCRIBED IN
SUBSECTION (b) OF SECTION 4-61u, AS  AMENDED,  AND
THIS  SECTION.  The  committee shall meet at least
once  each  quarter  and  shall  submit   periodic
reports  to  the  Commissioner  of  Administrative
Services.
    Sec.  2. Section 4-61u of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    (a)  Under the supervision of the Commissioner
of Administrative Services,  all  departments  and
agencies  of  state  government shall establish an
effective program of career mobility  as  part  of
their  affirmative  action program, as required by
section 46a-68,  for  occupational  groups,  which
shall include, but not be limited to, secretarial,
clerical,   supervisory   clerical,   semiskilled,
crafts  and trades, supervisory crafts and trades,
custodial, supervisory custodial and laborers. All
departments and agencies of state government shall
provide, or make provision for, career  counseling
for  such occupational groups. All departments and
agencies shall make available to state employees a
range of training opportunities. In geographically
remote  areas,  as  defined  by  the   [committee]
COMMITTEE  ON  CAREER  ENTRY  AND  MOBILITY, where
programs are not generally available,  departments
and   agencies   shall   enter   into  cooperative
arrangements or take other appropriate actions  to
assure that training opportunities are provided to
employees in  those  areas.  All  departments  and
agencies  shall,  consistent with the requirements
of   the    State    Personnel    Act,    initiate
classification  requests  that would result in the
development  of  career   ladders   and   lattices
providing   career  mobility  within  and  between
occupational groupings, and  from  subprofessional
jobs  to  professional  and  managerial  jobs. All
departments and agencies of state government shall
establish  as  part  of  their  affirmative action
plans, specific annual goals and timetables on the
number  of  classes  in  entry level professional,
managerial  and  administrative  positions,  which
shall   include,  but  are  not  limited  to,  law
enforcement, field representation,  administrative
staff,  professional, subprofessional or technical
jobs  that  are  to  be  filled   through   career
mobility.
    (b)  UNDER THE SUPERVISION OF THE COMMISSIONER
OF ADMINISTRATIVE SERVICES,  EACH  DEPARTMENT  AND
AGENCY  OF  STATE  GOVERNMENT  SHALL  ESTABLISH AN
EFFECTIVE PROGRAM OF ACCOMMODATION AND ENTRY LEVEL
TRAINING   OF   PERSONS  WITH  DISABILITIES.  SUCH
PROGRAMS SHALL BE PART OF  DEPARTMENT  AND  AGENCY
AFFIRMATIVE  ACTION  PROGRAMS  REQUIRED BY SECTION
46a-68. ALL DEPARTMENTS AND AGENCIES SHALL MAKE  A
RANGE  OF TRAINING OPPORTUNITIES AVAILABLE TO SUCH
PERSONS.  IN  GEOGRAPHICALLY  REMOTE   AREAS,   AS
DEFINED  BY  THE  COMMITTEE  ON  CAREER  ENTRY AND
MOBILITY,  WHERE  PROGRAMS   ARE   NOT   GENERALLY
AVAILABLE,  DEPARTMENTS  AND  AGENCIES SHALL ENTER
INTO  COOPERATIVE  ARRANGEMENTS  OR   TAKE   OTHER
APPROPRIATE   ACTIONS   TO  ASSURE  THAT  TRAINING
OPPORTUNITIES ARE  PROVIDED  TO  SUCH  PERSONS  IN
THOSE AREAS. ALL DEPARTMENTS AND AGENCIES OF STATE
GOVERNMENT  SHALL  ESTABLISH,  AS  PART  OF  THEIR
AFFIRMATIVE  ACTION  PLANS,  SPECIFIC ANNUAL GOALS
AND TIMETABLES ON (1) THE NUMBER OF JOBS THAT  ARE
TO  BE FILLED THROUGH THE ACCOMMODATION OF PERSONS
WITH DISABILITIES AND (2) ENTRY LEVEL TRAINING FOR
SUCH PERSONS.
    Sec.  3. Section 5-219 of the general statutes
is repealed and the following  is  substituted  in
lieu thereof:
    Examinations  shall  be  in  such  form and of
such character and shall relate to such matters as
will fairly test and determine the qualifications,
fitness and  ability  of  the  persons  tested  to
perform  the  duties  of  the class or position to
which they seek appointment. Examinations shall be
formulated in cooperation with agencies appointing
specific  classes  of  employees  and   shall   be
competitive,   free   and,   except  as  otherwise
expressly provided by statute, open to all persons
who  may  be lawfully appointed to any position in
the class for which examinations  are  held,  with
such  limitations  as  to  age, residence, health,
habits, character, sex and qualifications  as  are
considered   desirable   by  the  Commissioner  of
Administrative Services and as  are  specified  in
the   public   announcement  of  the  examination,
provided no such limitation shall be  made  as  to
age  or  sex  except  in  the  case of a bona fide
occupational   qualification   or   need.   Formal
education  requirements  may  be  considered  as a
condition for the  taking  of  such  examinations.
Possession of a professional license or degree, or
satisfactory  completion  of   an   accreditation,
certificate  or licensure program may serve as the
sole  basis   for   appointment,   provided   such
credentials   are   a  mandatory  requirement  for
employment in a position.  Examinations  may  take
the  form  of written or oral tests, demonstration
of  skill  or  physical  ability,  experience  and
training evaluation, or in the case of promotional
examinations, evaluation of prior performance,  or
any  other  assessment  device or technique deemed
appropriate to measure the  knowledge,  skills  or
abilities  required  to  successfully  perform the
duties of  the  job.  All  persons  competing  for
placement  on  any  one  candidate  list  shall be
administered the same or equivalent forms  of  the
same  examination or examination phases, except as
necessary to comply  with  the  federal  Americans
with  Disabilities  Act AND SECTION 4-61nn, and be
required  to  achieve  passing  scores   on   each
successive  phase  and  for  the  examination as a
whole in  order  to  remain  in  competition.  The
provisions  of  this  section  shall  be  the sole
determinant  for  qualification   and   no   other
examination  shall be permitted by any agency head
to further  qualify  persons  seeking  appointment
except as authorized by the commissioner.
    Sec.  4.  (NEW)  (a)  There  is  established a
committee to encourage the employment by the state
of  persons with disabilities. The Commissioner of
Administrative Services shall appoint the  members
of  the  committee, which shall be chaired by such
commissioner, or his  designee,  and  include  one
representative of each of the following:
    (1)  The  Board  of  Education and Services to
the Blind;
    (2)  The  Commission  on  the Deaf and Hearing
Impaired;
    (3) The Bureau of Rehabilitative Services;
    (4)  The Office of Protection and Advocacy for
Persons with Disabilities;
    (5)   The  Department  of  Mental  Health  and
Addiction Services;
    (6) The Department of Mental Retardation; and
    (7) The Labor Department.
    (b) The committee shall:
    (1)  Advise,  and  develop  written guidelines
for, the Commissioner of  Administrative  Services
and  the  executive  heads of other state agencies
regarding    the    adaptation    of    employment
examinations and alternative hiring processes for,
and the reasonable accommodation of, persons  with
disabilities; and
    (2)   Review  the  program  established  under
subsection (b) of section  4-61u  of  the  general
statutes, as amended by section 2 of this act, and
compliance with the provisions of  section  46a-70
of  the  general  statutes concerning persons with
physical disabilities.

Approved June 8, 1998