Public Act 100-0615
 
HB3185 EnrolledLRB100 11276 NHT 21622 b



    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The State Universities Civil Service Act is 
amended  by changing Sections 36b, 36c, 36d, 36e, 36f, 36g, 
36g-1, 36h, 36j, 36o, 36p, and 36s as follows:
 



    (110 ILCS 70/36b)  (from Ch. 24 1/2, par. 38b1)



    Sec. 36b. Creation. 

    (1) A classified civil service system to be known
as the 
State Universities Civil Service System is hereby created, and 
is
hereinafter referred to as the University System.

    (2) The purpose of the University System is to establish a 
sound
program of personnel administration for the Illinois 
Community College
Board, State Community College of East St. 
Louis (abolished under Section 2-12.1 of the Public Community 
College Act), Southern Illinois University,
Chicago State 
University, Eastern Illinois University, Governors State

University, Illinois State University, Northeastern Illinois 
University,
Northern Illinois University, Western Illinois 
University, the University of
Illinois, the State Universities 
Civil
Service System, the State Universities Retirement 
System, the State
Scholarship Commission, and the Board of 
Higher Education. All
certificates, appointments and 
promotions to positions in these agencies
and institutions 
shall be made solely on the basis of merit and fitness,
to be 
ascertained by examination, except as specified in Section 36e.

    (3) The University State Universities Civil Service System  
hereby created
shall be a separate entity of the State of 
Illinois and shall be under
the control of a Board to be known 
as the University Civil Service Merit
Board, and is hereinafter 
referred to as the Merit Board.

(Source: P.A. 97-333, eff. 8-12-11.)

 



    (110 ILCS 70/36c)  (from Ch. 24 1/2, par. 38b2)



    Sec. 36c. The merit board. The Merit Board shall be 
composed of 11 members, 3
of whom shall be members of the Board 
of Trustees of the University of
Illinois, one of whom shall be 
a member of the Board of Trustees of Southern
Illinois 
University, one of whom shall be a member of the Board of 
Trustees
of Chicago State University, one of whom shall be a 
member of the Board of
Trustees of Eastern Illinois University, 
one of whom shall be a member of the
Board of Trustees of 
Governors State University, one of whom shall be a member
of 
the Board of Trustees of Illinois State University, one of whom 
shall be a
member of the Board of Trustees of Northeastern 
Illinois University, one of
whom shall be a member of the Board 
of Trustees of Northern Illinois
University, and one of whom 
shall be a member of the Board of Trustees of
Western Illinois 
University.  The 7 new members required to be elected to
the 
Merit Board by their respective Boards of Trustees shall 
replace the 2
persons who, until the effective date of this 
amendatory Act of 1995, served as
members of the Merit Board 
elected from the Board of Governors of State
Colleges and 
Universities and the Board of Regents; and the terms of the

members elected to the Merit Board from the Board of Governors 
of State
Colleges and Universities and the Board of Regents 
shall terminate on the
effective date of this amendatory Act of 
1995. The members of the Merit Board
shall be elected by the 
respective Boards in which they hold membership and
they shall 
serve at the pleasure of the electing Boards.

    All members of the Merit Board shall serve without 
compensation but
shall be reimbursed for any traveling expenses 
incurred in attending
meetings of the Merit Board.

    The Merit Board shall determine the number necessary for a 
quorum, elect
its own chairperson chairman and set up an 
Executive Committee of its own members which
shall have all of 
the powers of the Merit Board except as limited by the
Merit 
Board.

    The Merit Board shall cause to be elected a committee of 
not less than
eleven members to be made up of Civil Service 
Employees, six of whom shall
be nominated by and from the Civil 
Service Employees of the University of
Illinois and one of whom 
shall be nominated by and from the Civil Service
Employees of 
each of the other institutions specified in Section 36e, who

will function in an advisory capacity to the Merit Board on all 
matters
pertaining to the University System. This Advisory 
Committee shall meet at
least quarterly and members of the 
Committee shall be reimbursed by their
respective employers for 
time lost from work and for expenses incurred in
attending 
meetings of the Committee.

(Source: P.A. 89-4, eff. 1-1-96.)

 



    (110 ILCS 70/36d)  (from Ch. 24 1/2, par. 38b3)



    Sec. 36d. Powers and duties of the Merit Board. The Merit 
Board shall have the power and duty: -

        (1) To approve a classification plan prepared under its 
    direction,
assigning to each class positions of 
    substantially similar duties. The
Merit Board shall have 
    power to delegate to its Executive Director the duty of

    assigning each position in the classified service to the 
    appropriate
class in the classification plan approved by 
    the Merit Board.

        (2) To prescribe the duties of each class of positions 
    and the
qualifications required by employment in that 
    class.

        (3) To prescribe the range of compensation for each 
    class or to fix
a single rate of compensation for employees 
    in a particular class; and
to establish other conditions of 
    employment which an employer and
employee representatives 
    have agreed upon as fair and equitable. The
Merit Board 
    shall direct the payment of the "prevailing rate of wages"

    in those classifications in which, on January 1, 1952, any 
    employer is
paying such prevailing rate and in such other 
    classes as the Merit Board
may thereafter determine. 
    "Prevailing rate of wages" as used herein
shall be the 
    wages paid generally in the locality in which the work is

    being performed to employees engaged in work of a similar 
    character.
Each employer covered by the University System 
    shall be authorized to
negotiate with representatives of 
    employees to determine appropriate
ranges or rates of 
    compensation or other conditions of employment and
may 
    recommend to the Merit Board for establishment the rates or 
    ranges
or other conditions of employment which the employer 
    and employee
representatives have agreed upon as fair and 
    equitable. Any rates or
ranges established prior to January 
    1, 1952, and hereafter, shall not be
changed except in 
    accordance with the procedures herein provided.

        (4) To recommend to the institutions and agencies 
    specified in
Section 36e standards for hours of work, 
    holidays, sick leave, overtime
compensation and vacation 
    for the purpose of improving conditions of
employment 
    covered therein and for the purpose of insuring conformity

    with the prevailing rate principal.

        (5) To prescribe standards of examination for each 
    class, the
examinations to be related to the duties of such 
    class. The Merit Board
shall have power to delegate to the 
    Executive Director and his or her staff the
preparation, 
    conduct and grading of examinations. Examinations may be

    written, oral, by statement of training and experience, in 
    the form of
tests of knowledge, skill, capacity, intellect, 
    aptitude; or, by any
other method, which in the judgment of 
    the Merit Board is reasonable and
practical for any 
    particular classification. Different examining
procedures 
    may be determined for the examinations in different

    classifications but all examinations in the same 
    classification shall be
uniform.

        (6) To authorize the continuous recruitment of 
    personnel and to that
end, to delegate to the Executive 
    Director and his or her staff the power and the duty to

    conduct open and continuous competitive examinations for 
    all
classifications of employment.

        (7) To cause to be established, from the results of 
    examinations,
registers for each class of positions in the 
    classified service of the University
State Universities 
    Civil Service System, of the persons who shall
attain the 
    minimum mark fixed by the Merit Board for the examination;

    and such persons shall take rank upon the registers as 
    candidates in the
order of their relative excellence as 
    determined by examination, without
reference to priority 
    of time of examination.

        (8) To provide by its rules for promotions in the 
    classified
service. Vacancies shall be filled by promotion 
    whenever practicable.
For the purpose of this paragraph, an 
    advancement in class shall
constitute a promotion.

        (8.5) To issue subpoenas to secure the attendance and 
    testimony of witnesses and the production of books and 
    papers in the course of any investigation or hearing 
    conducted pursuant to the Act. 
        (9) (Blank). To set a probationary period of employment 
    of no less than 6 months
and no longer than 12 months for 
    each class of positions in the classification
plan, the 
    length of the probationary period for each class to be 
    determined
by the Director.

        (10) To provide by its rules for employment at regular 
    rates of
compensation of persons with physical 
    disabilities in positions in which the
disability does not 
    prevent the individual from furnishing satisfactory

    service.

        (11) To make and publish rules, to carry out the 
    purpose of the University
State Universities Civil Service 
    System and for examination, appointments,
transfers and 
    removals and for maintaining and keeping records of the

    efficiency of officers and employees and groups of officers 
    and
employees in accordance with the provisions of Sections 
    36b to 36q,
inclusive, and said Merit Board may from time 
    to time make changes in
such rules.

        (12) To appoint an Executive a Director who shall 
    appoint staff to and such assistants and other clerical
and 
    technical help as may be necessary efficiently to 
    administer
Sections 36b to 36q, inclusive. To authorize the 
    Executive Director to appoint a Designated Employer 
    Representative an
assistant resident at the place of 
    employment of each employer specified
in Section 36e, and 
    this Designated Employer Representative assistant may be 
    authorized to give examinations
and to certify names from 
    the regional registers provided in Section
36k. The 
    enumeration of specific duties and powers that the Merit 
    Board may delegate to the Executive Director in this 
    Section does not preclude the Merit Board from delegating 
    other duties and powers to the Executive Director. 

        (13) To submit to the Governor of this state on or 
    before November 1
of each year prior to the regular session 
    of the General Assembly a
report of the University System's 
    business and an estimate of the amount
of appropriation 
    from state funds required for the purpose of
administering 
    the University System.

        (14) To authorize the creation and use of pilot 
    programs to further the goals of the Act, which may be 
    inconsistent with any rules adopted by the Merit Board, 
    provided that such programs are of limited duration and do 
    not reduce any rights or benefits of employees subject to 
    this Act. 
(Source: P.A. 99-143, eff. 7-27-15.)

 



    (110 ILCS 70/36e)  (from Ch. 24 1/2, par. 38b4)



    Sec. 36e. Coverage. All employees of the Illinois Community 
College Board,
State Community College of East St. Louis 
(abolished under Section 2-12.1 of the Public Community College 
Act), Southern Illinois University,
Chicago State University, 
Eastern Illinois University, Governors State
University, 
Illinois State University, Northeastern Illinois University,

Northern Illinois University, Western Illinois University, the

University of Illinois, the University State Universities 
Civil Service System, the State
Universities Retirement 
System, the State Scholarship Commission, and
the Board of 
Higher Education, shall be covered by the University System

described in Sections 36b to 36q, inclusive, of this Act, 
except the
following persons:

        (1) The members and officers of the Merit Board and the 
    board of
trustees, and the commissioners of the 
    institutions and agencies covered
hereunder;

        (2) The presidents and vice-presidents of each 
    educational
institution;

        (3) Other principal administrative employees of each 
    institution and
agency as determined by the Merit Board;

        (4) The teaching, research and extension faculties of 
    each
institution and agency;

        (5) Students employed under rules prescribed by the 
    Merit Board,
without examination or certification.

(Source: P.A. 97-333, eff. 8-12-11.)

 



    (110 ILCS 70/36f)  (from Ch. 24 1/2, par. 38b5)



    Sec. 36f. Examinations. 
    (a) All examinations given under the University System 
shall be open to
all applicants who are citizens of or 
residents in the State of Illinois
and who can qualify by 
training and experience for the position for
which application 
is made. In examinations for technical positions for
which no 
qualified residents of this State are available the residence

requirement may be waived.
    (b) Examinations may be written; oral; by statement of 
training and experience; in the form of tests of knowledge, 
skill, capacity, intellect, or aptitude; or by any other method 
which, in the judgment of the Merit Board, is reasonable and 
practical for any particular classification. The examinations 
shall be practical and shall
relate to the classification for 
which the examination is given. No
question in any examination 
shall relate to political or religious
affiliation or racial 
origins of the examinee.

    (c) Different examining procedures may be determined for 
the examinations in different classifications, but all 
examinations in the same classification must be uniform.  The 
examination requirement for the initial appointment, entry 
level position only, of law enforcement personnel may be waived 
if an applicant has satisfied all the requirements established 
by the Illinois Police Training Act for appointment of law 
enforcement officers and if the Merit Board allows for such a 
waiver by rule.  Additional positions, entry level only, may 
have the examination requirement waived if the occupational 
standards are regulated by the Department of Financial and 
Professional Regulation, as designated by the Merit Board and 
provided for in adopted rules. 
(Source: Laws 1951, p. 1289.)

 



    (110 ILCS 70/36g)  (from Ch. 24 1/2, par. 38b6)



    Sec. 36g. 
Appropriate For the granting of appropriate 
preference in entrance
examinations to qualified persons who 
have been members of the armed forces
of the United States or 
to qualified persons who, while citizens of the
United States, 
were members of the armed forces of allies of the United
States 
in time of hostilities with a foreign country, and to certain 
other
persons as set forth in this Section.

    (a) As used in this Section:


        (1) "Time of hostilities with a foreign country" means 
    any period of
time in the past, present, or future during 
    which a declaration of war by
the United States Congress 
    has been or is in effect or during which an
emergency 
    condition has been or is in effect that is recognized by 
    the
issuance of a Presidential proclamation or a 
    Presidential executive order
and in which the armed forces 
    expeditionary medal or other campaign service
medals are 
    awarded according to Presidential executive order.


        (2) "Armed forces of the United States" means the 
    United States Army,
Navy, Air Force, Marine Corps, Coast 
    Guard. Service in the Merchant Marine
that constitutes 
    active duty under Section 401 of federal Public Law 95-202

    shall also be considered service in the Armed Forces of the 
    United States
for purposes of this Section.

    (b) The preference granted under this Section shall be in 
the form of
points added to the final grades of the persons if 
they otherwise qualify
and are entitled to appear on the list 
of those eligible for appointments.

    (c) A veteran is qualified for a preference of 10 points if 
the veteran
currently holds proof of a service connected 
disability from the United
States Department of Veterans 
Affairs or an allied country or if the
veteran is a recipient 
of the Purple Heart.

    (d) A veteran who has served during a time of hostilities 
with a
foreign country is qualified for a preference of 5 
points if the
veteran served under one or more of the following 
conditions:


        (1) The veteran served a total of at least 6 months, or


        (2) The veteran served for the duration of hostilities 
    regardless of the
length of engagement, or


        (3) The veteran was discharged on the basis of 
    hardship, or


        (4) The veteran was released from active duty because 
    of a service
connected disability and was discharged under 
    honorable conditions.

    (e) A person not eligible for a preference under subsection 
(c) or (d) is
qualified for a preference of 3 points if the 
person has served
in the
armed forces of the United States, the 
Illinois National Guard,
or any reserve component of the armed 
forces of the United States and the
person: (1) served for at 
least 6 months and has been discharged under
honorable 
conditions or (2) has been discharged on the ground of hardship

or (3) was released from active duty because of a service 
connected
disability.  An active member of the National Guard or 
a reserve component
of the armed forces of the United States is 
eligible for the preference if
the member meets the service 
requirements of this subsection (e).

    (f) The rank order of  persons entitled to a preference on 
eligible
lists shall be determined on the basis of their 
augmented ratings. When the Executive
Director establishes 
eligible lists on the basis of category ratings such
as 
"superior", "excellent", "well-qualified", and "qualified", 
the veteran
eligibles in each such category shall be preferred 
for appointment before
the non-veteran eligibles in the same 
category.

    (g) Employees in positions covered by this Act who, while 
in good
standing, leave to engage in military service during a 
period of
hostility, shall be given credit for seniority 
purposes for time served
in the armed forces.

    (h) A surviving unremarried spouse of a veteran who 
suffered a
service connected death or the spouse of a veteran 
who suffered a service
connected disability that prevents the 
veteran from qualifying for civil
service employment shall be 
entitled to the same preference to which the
veteran would have 
been entitled under this Section.

    (i) A preference shall also be given to the following 
individuals:
10 points for one parent of an unmarried veteran 
who suffered a service
connected death or a service connected 
disability that prevents the veteran
from qualifying for civil 
service employment. The first parent to receive a
civil service 
appointment shall be the parent entitled to the preference.

(Source: P.A. 87-796.)

 



    (110 ILCS 70/36g-1)  (from Ch. 24 1/2, par. 38b6.1)



    Sec. 36g-1. Active military service. Any employee of any 
institution or agency subject to this Act State Community

College of East St. Louis (abolished under Section 2-12.1 of 
the Public Community College Act), Southern Illinois 
University, the University of
Illinois, any university under 
the jurisdiction of the Board of Regents, or
any college or 
university under the jurisdiction of the Board of Governors
of 
State Colleges and Universities who is a member of any reserve 
component
of the United States Armed Services, including the 
Illinois National Guard,
and who is mobilized to active 
military duty on or after August 1, 1990 as
a result of an 
order of the President of the United States, shall, for each

pay period beginning on or after the date of that mobilization, 
August 1, 1990 continue to receive the
same regular 
compensation that he or she receives or was receiving as an 
employee
of that educational institution or agency at the time 
he or she is or was so mobilized to
active military duty, plus 
any health insurance and other benefits he or she is
or was 
receiving or accruing at that time, minus the amount of his or 
her base pay
for military service, and shall be given credit 
for seniority purposes for the duration of his or her active 
military service.

    In the event any provision of a collective bargaining 
agreement or any
policy of the educational institution covering 
any employee so ordered to
active duty is more generous than 
the provisions contained in this Section,
that collective 
bargaining agreement or policy shall be controlling.

(Source: P.A. 97-333, eff. 8-12-11.)

 


    (110 ILCS 70/36h)  (from Ch. 24 1/2, par. 38b7)




    Sec. 36h. Appointment.  
    (1) Whenever an employer covered by the University
System 
has a position which needs to be filled, this employer shall 
inform
the Executive Director of the Merit Board. The Executive 
Director shall then certify to the
employer the names and 
addresses of the persons with the 3 highest scores on
the 
register for the classification to which the position is 
assigned. The
employer shall select one of these persons 
certified for the position and
shall notify the Executive 
Director of the Merit Board of the selection. If less than
3 
scores appear on the appropriate register, the Executive 
Director shall certify
the names and addresses of all persons 
on the register.

    (2) All appointments shall be for a probationary period of 
no less than 6
months and no longer than 12 months for each 
class of positions in the
classification plan, the length of 
the probationary period for each class
having been determined 
by the Executive Director, except that persons first appointed

to any police department of any university or college subject 
to this Act covered by the University
System after the 
effective date of this amendatory Act of 1979 shall be on

probation for one year. The service during the probationary 
period shall be
deemed to be a part of the examination. During 
the probationary period, the
employee may be dismissed if the 
employer determines that the employee has
failed to demonstrate 
the ability and the qualifications necessary to
furnish 
satisfactory service. The employer shall notify the Executive 
Director in
writing of such dismissal. If an employee is not so 
dismissed during his or her
probationary period, his or her 
appointment shall be deemed complete at the end of the period.

    (3) No person shall be appointed to any police
department 
of any university or college covered by the University
System 
unless he or she possesses a high school diploma or an 
equivalent
high school education and unless he or she is a 
person of good character and
is not a person who has been 
convicted of a felony or a crime involving
moral turpitude.

(Source: P.A. 99-72, eff. 1-1-16.)

 


    (110 ILCS 70/36j)  (from Ch. 24 1/2, par. 38b9)




    Sec. 36j. Promotions. 
    (a) The Merit Board shall by rules provide for promotions 
on the basis of
ability and experience and seniority in service 
and examination and to
provide in all cases where it is 
practicable that vacancies will be filled
by promotion. For the 
purpose of this Section, an advancement in class shall 
constitute a promotion. 
    (b) The Merit Board shall by rule fix lines of promotion 
from
such several offices and places to superior offices or 
places in all cases
where, in the judgment of the Merit Board, 
the duties of such several
positions directly tend to fit the 
incumbent for a superior position.

    (c) Employees promoted in the promotional line shall have 
their seniority
for the highest position held on the basis of 
length of service in that
classification. For the next lower 
classification the employee may add his
seniority in the higher 
classification to that in the lower to determine
seniority in 
the lower classification. Whenever a superior position in the 
promotional line in the classified
civil service under the 
University System is to be filled, the Executive Director
shall 
certify to the employer, in the order of their seniority, the 
names
and addresses of the persons with the 3 highest scores on 
the promotional
register for the class or grade to which said 
position belongs. The
employer shall appoint one of those 
persons whose names were certified
by the Executive Director.
    (d) Appointments to superior positions in the
promotional 
line shall be on probation for a period of no less than 6

months and no longer than 12 months for each class of positions

in the classification plan, the length of the probationary 
period having
been determined by the Executive Director. 
Persons
so appointed may be demoted at any time during the 
period of probation if,
in the opinion of the employer, they 
have failed to demonstrate the ability
and the qualifications 
necessary to furnish satisfactory service, but shall
not be 
discharged from the superior position if they have previously

completed a probationary period in an inferior position in the 
promotional
line.

    (e) Employees promoted in the promotional line shall have 
their seniority for the highest position held on the basis of 
length of service in that classification. For the next lower 
classification, the employee may add his or her seniority in 
the higher classification to that in the lower to determine 
seniority in the lower classification. 
    (f) Whenever a person is promoted to a superior position in 
the promotional
line prior to the completion of the 
probationary period in
any one of the positions in the 
classified civil service under the
University System, total 
service in the inferior position and in all such
superior 
positions shall be combined to establish certified status and

seniority in the inferior position.

(Source: P.A. 99-72, eff. 1-1-16.)

 



    (110 ILCS 70/36o)  (from Ch. 24 1/2, par. 38b14)



    Sec. 36o. Demotion, removal, and discharge. 
    (a) After the completion of his or her  probationary period, 
no employee shall be
demoted, removed or discharged except for 
just cause, upon written charges,
and after an opportunity to 
be heard in his or her  own defense if he or she  makes a
written 
request for a hearing to the Merit Board within 15 days after 
the
serving of the written charges upon him or her.  
    (b) Upon the filing of such a request
for a hearing, the 
Merit Board shall grant such hearing by a hearing board or 
hearing officer appointed by the Merit Board to commence be 
held within
45 days from the date of the service of the 
demotion, removal, or discharge
notice, which may be continued 
from time to time by a hearing board or hearing officer 
appointed by the Merit Board. The members of the
hearing board 
or the hearing officer shall be selected from among the members 
of a panel
established by the Merit Board after consultation 
with the Advisory
Committee provided in Section 36c. The 
hearing board or hearing officer shall make and
render findings 
of facts on the charges and transmit to the Merit Board a

transcript of the evidence along with the hearing board's or 
hearing officer's findings of fact. The findings of
the hearing 
board or hearing officer when approved by the Merit Board shall 
be certified to
the parties employer.
    (c) If cause for demotion, removal, or discharge is found, 
the
employee shall be immediately demoted, removed, or 
discharged separated from the service. If cause is not
found, 
the employee shall forthwith be reassigned to perform the 
duties of
a position in his or her  classification without loss 
of compensation.
    (d) In the
course of the hearing, the Executive Director of 
the Merit Board shall have power to
administer oaths and to 
secure by subpoena the attendance and testimony of
witnesses 
and the production of books and papers relevant to the inquiry.

    (e) The provisions of the Administrative Review Law and all 
amendments and
modification thereof, and the rules adopted

pursuant thereto, shall apply to and govern all proceedings for 
the
judicial review of final administrative decisions of the 
Merit Board hereby
created. The term "administrative decision" 
is defined as in Section 3-101
of the Code of Civil Procedure.

(Source: P.A. 95-113, eff. 8-13-07.)

 



    (110 ILCS 70/36p)  (from Ch. 24 1/2, par. 38b15)



    Sec. 36p. Nondiscrimination. In the administration of the 
University System, no applicant shall be
denied employment by 
the Merit Board or by any employer subject to this Act because 
of race,
color, sex, national origin, religious or political 
affiliations, ancestry, age, marital status, order of 
protection status, disability, military status, sexual 
orientation, pregnancy, or unfavorable military discharge, as 
defined in the Illinois Human Rights Act, except
that any 
applicant for employment may be required as a condition of

employment, to sign a valid oath attesting his loyalty to the 
state and the
United States.

(Source: P.A. 78-842.)

 



    (110 ILCS 70/36s)  (from Ch. 24 1/2, par. 38b18)



    Sec. 36s. Supported employees. 

    (a) The Merit Board shall develop and implement a supported 
employment
program.  It shall be the goal of the program to 
appoint a minimum of 10
supported employees to State University 
civil service positions before
June 30, 1992.

    (b) The Merit Board shall designate a liaison to work with 
State
agencies and departments, any funder or provider or both, 
and State
universities 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 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 on-going support services to 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 or 
    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 that provides
technical support and services to any 
    department or agency subject to the
control of the 
    Governor, the Secretary of State or the University Civil

    Service System.

    (d) The Merit Board 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 or more than 12 months.

    (e) The Merit Board shall maintain a record of all 
individuals hired as
supported employees.  The record shall 
include:


        (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) The Merit Board shall submit an annual report to the 
General
Assembly regarding the employment progress of 
supported employees, with
recommendations for legislative 
action.

(Source: P.A. 99-143, eff. 7-27-15.)