CHAPTER 346

FORMERLY

SENATE BILL NO. 508

AN ACT AUTHORIZING THE TRANSFER OF GENERAL FUND POSITIONS FROM JUDICIAL AND EXECUTIVE BRANCH AGENCIES TO THE STATE PERSONNEL OFFICE FOR PURPOSES OF PROVIDING EMPLOYMENT FOR QUALIFIED MENTALLY HANDICAPPED CITIZENS.

WHEREAS, a broad group of handicapped citizens and organizations representative of the handicapped and the State government believe that the employment of qualified mentally handicapped citizens will give further effect to the State's commitment to hire the handicapped by providing the opportunity for specialized employment in State agencies; and

WHEREAS, following the passage of Senate Bill No. 496 in the 132nd General Assembly, a new employment classification entitled Generic Agency Aide was created; and

WHEREAS, the Generic Agency Aid Program has been an unqualified success, but is now limited by the number of positions created in the legislation of the 132nd General Assembly. all ten (10) positions presently being filled; and

WHEREAS, this bill will create an additional ten (10) positions, for a total of twenty (20) positions. NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The Budget Director and Director of Personnel shall identify and designate an additional ten (10) General Fund positions within the Judicial and Executive Branch Agencies for transfer to the State Personnel Office in accordance with such factors or conditions deemed appropriate by the Budget Director and Director of Personnel.

Section 2. Upon identification and designation of the additional ten (10) General Fund positions in accordance with Section 1, the Budget Director shall transfer such positions, together with the salary and benefits funds appropriated for such positions, from the Judicial and Executive Branch Agencies to the State Personnel Office.

Section 3. Upon transfer of the additional ten (10) General Fund positions from the Judicial and Executive Branch Agencies to the State Personnel Office, the Director of Personnel shall:

(a) Reclassify the ten (10) General Fund positions which have bccn transferred to the State Personnel Office to the classification of Generic Agency Aide or other level within that classification or such other approprirate title or classification as the State Personnel Office shall deisgnate: and

(b) Allocate the General Funds which have bccn transferred to the State personnel Office in the amount necessary to provide for salaries and benefits of the ten (10) positions at such pay grade or grades as the State Personnel Office shall determine; and

(e) Determine through on site evaluation, and with the assistance of the Judicial and Executive Branch Agencies and the Association for Retarded Citizens on the job training project areas within those various agencies where such persons may be employable: and

(d) Upon written request from a Judicial or Executive Branch Agency employ. on the recommendation of the Association for Retarded Citizens on the job training project. a qualified mentally handicapped citizen as a Generic Agency Aide or in a similar, appropriate title and assign the employee to work in a position within that Judicial or Executive Branch Agency; and

(e) Monitor and evaluate. together with the Assoication for Retarded Citizens, on a regular periodic basis, the training and progress of the Generic Agency Aides and other similar positions within the various agencies.

Section 4. Upon the assignment by the Director of Personnel of a Generic Agency Aide or other similar position to the Judicial or Executive Branch Agency. the agency shall:

(a) Provide reasonable accommodations for the employee to allow Mm or her to successfully perform the essential functions of the assigned position; and

(b) Provide. In conjunction with the Association for Retarded Citizens, "On the Job Training Project", sufficient training and job evaluation support to enable the employee to become employed in a regular. allocated position within the agency.

Section 5. When an employee qualifies for and is appointed to a regular allocated position or advances through the Generic Agency Aide levels within that classification within a Judicial or Executive Branch Agency prusuant to the provisions of this Act, the appointing authority shall notify the Director of Personnel, in writing, of such transfer and promotion.

Section 6. When a position created pursuant to this Act administered by the State Personnel Office becomes vacant either through transfer and promotion or otherwise, the position shall be available for the employment of an additional qualified mentally handicapped citizen under this program.

Section 7. This Act shall become effective with the Governor's signature.

Approved June 30, 1986.