HB 1098

            
2020 SESSION

20102709D

HOUSE BILL NO. 1098


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 2.2-203.2:3 of the Code of 
 Virginia, relating to the Secretary of Administration; policy of the 
 Commonwealth regarding employment of individuals with disabilities; report 
 deadline.
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Patrons-- Carr and Kory

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Referred to Committee on General Laws

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 2.2-203.2:3 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 2.2-203.2:3. Policy of the Commonwealth regarding the 
 employment of individuals with disabilities; responsibilities of state 
 agencies; report.
 
 
A. As used in this section, "state agency" means any 
 agency, institution, board, bureau, commission, council, or instrumentality of 
 state government in the executive branch.
 
 
B. It shall be the policy of the Commonwealth to promote and 
 increase the employment of individuals with disabilities directly employed at 
 all levels and occupations by state agencies, institutions, boards, and 
 authorities of the Commonwealth. To assist in achieving this policy, it shall 
 be the goal of the Commonwealth to increase by five percent the level of 
 employment of individuals with disabilities by the state by fiscal year 2023. 
 The Secretary shall coordinate and lead efforts to achieve the goals of the 
 Commonwealth established by this section.
 
 
C. To further this goal, the Commonwealth shall:
 
 
1. Use available hiring authorities, consistent with statutes, 
 regulations, and prior executive orders;
 
 
2. Increase efforts to accommodate individuals with 
 disabilities within state government employment by increasing the retention and 
 return to work of individuals with disabilities;
 
 
3. Expand existing efforts for the recruitment, accommodation, 
 retention, and advancement of individuals with disabilities for positions 
 available in state government;
 
 
4. Designate senior-level staff within each state agency to be 
 responsible for increasing the employment of individuals with disabilities 
 within the state agency; and
 
 
5. Require state agencies to prepare a plan to increase 
 employment opportunities at the agencies for individuals with disabilities.
 
 
D. Each state agency shall submit a plan to increase 
 employment opportunities for individuals with disabilities to the Secretary no 
 later than December 31, 2017, and each July 1 thereafter. The Secretary shall 
 (i) establish guidelines regarding the development and content of state agency 
 plans and (ii) establish a reporting system for tracking and reporting the 
 progress of state agencies toward meeting the employment goals of the 
 Commonwealth established by this section.
 
 
E. All state agencies shall examine existing policies relating 
 to the employment of individuals with disabilities, including a review of 
 recruitment efforts, interviewing criteria, testing procedures, and resources 
 to accommodate applicants and workers with disabilities.
 
 
F. Nothing in this section shall be construed to require (i) 
 the creation of new positions or the changing of existing qualification 
 standards for any position or (ii) any state employee or applicant for state 
 employment to disclose his disability status involuntarily.
 
 
G. The Secretary, in collaboration with the Department of 
 Human Resource Management, shall develop an annual report on the number of 
 individuals with disabilities directly employed by the state agencies. The 
 information shall be included in the annual demographic report of the 
 Department of Human Resource Management.
 
 
H. The Secretary shall report on the progress of state 
 agencies toward meeting the employment goals of the Commonwealth to the 
 Governor and the Chairmen of the House Committee on Appropriations and the 
 Senate Committee on Finance by July September 
 1 of each year.