Illinois General Assembly - Full Text of HB3185
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Full Text of HB3185  100th General Assembly


Rep. Carol Ammons

Filed: 3/21/2017





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2    AMENDMENT NO. ______. Amend House Bill 3185 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Universities Civil Service Act is
5amended by changing Sections 36b, 36c, 36d, 36e, 36f, 36g,
636g-1, 36h, 36j, 36o, 36p, and 36s as follows:
7    (110 ILCS 70/36b)  (from Ch. 24 1/2, par. 38b1)
8    Sec. 36b. Creation.
9    (1) A classified civil service system to be known as the
10State Universities Civil Service System is hereby created, and
11is hereinafter referred to as the University System.
12    (2) The purpose of the University System is to establish a
13sound program of personnel administration for the Illinois
14Community College Board, State Community College of East St.
15Louis (abolished under Section 2-12.1 of the Public Community
16College Act), Southern Illinois University, Chicago State



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1University, Eastern Illinois University, Governors State
2University, Illinois State University, Northeastern Illinois
3University, Northern Illinois University, Western Illinois
4University, the University of Illinois, the State Universities
5Civil Service System, the State Universities Retirement
6System, the State Scholarship Commission, and the Board of
7Higher Education. All certificates, appointments and
8promotions to positions in these agencies and institutions
9shall be made solely on the basis of merit and fitness, to be
10ascertained by examination, except as specified in Section 36e.
11    (3) The University State Universities Civil Service System
12hereby created shall be a separate entity of the State of
13Illinois and shall be under the control of a Board to be known
14as the University Civil Service Merit Board, and is hereinafter
15referred to as the Merit Board.
16(Source: P.A. 97-333, eff. 8-12-11.)
17    (110 ILCS 70/36c)  (from Ch. 24 1/2, par. 38b2)
18    Sec. 36c. The merit board. The Merit Board shall be
19composed of 11 members, 3 of whom shall be members of the Board
20of Trustees of the University of Illinois, one of whom shall be
21a member of the Board of Trustees of Southern Illinois
22University, one of whom shall be a member of the Board of
23Trustees of Chicago State University, one of whom shall be a
24member of the Board of Trustees of Eastern Illinois University,
25one of whom shall be a member of the Board of Trustees of



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1Governors State University, one of whom shall be a member of
2the Board of Trustees of Illinois State University, one of whom
3shall be a member of the Board of Trustees of Northeastern
4Illinois University, one of whom shall be a member of the Board
5of Trustees of Northern Illinois University, and one of whom
6shall be a member of the Board of Trustees of Western Illinois
7University. The 7 new members required to be elected to the
8Merit Board by their respective Boards of Trustees shall
9replace the 2 persons who, until the effective date of this
10amendatory Act of 1995, served as members of the Merit Board
11elected from the Board of Governors of State Colleges and
12Universities and the Board of Regents; and the terms of the
13members elected to the Merit Board from the Board of Governors
14of State Colleges and Universities and the Board of Regents
15shall terminate on the effective date of this amendatory Act of
161995. The members of the Merit Board shall be elected by the
17respective Boards in which they hold membership and they shall
18serve at the pleasure of the electing Boards.
19    All members of the Merit Board shall serve without
20compensation but shall be reimbursed for any traveling expenses
21incurred in attending meetings of the Merit Board.
22    The Merit Board shall determine the number necessary for a
23quorum, elect its own chairman and set up an Executive
24Committee of its own members which shall have all of the powers
25of the Merit Board except as limited by the Merit Board.
26    The Merit Board shall cause to be elected a committee of



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1not less than eleven members to be made up of Civil Service
2Employees, six of whom shall be nominated by and from the Civil
3Service Employees of the University of Illinois and one of whom
4shall be nominated by and from the Civil Service Employees of
5each of the other institutions specified in Section 36e, who
6will function in an advisory capacity to the Merit Board on all
7matters pertaining to the University System. This Advisory
8Committee shall meet at least quarterly and members of the
9Committee shall be reimbursed by their respective employers for
10time lost from work and for expenses incurred in attending
11meetings of the Committee.
12(Source: P.A. 89-4, eff. 1-1-96.)
13    (110 ILCS 70/36d)  (from Ch. 24 1/2, par. 38b3)
14    Sec. 36d. Powers and duties of the Merit Board. The Merit
15Board shall have the power and duty: -
16        (1) To approve a classification plan prepared under its
17    direction, assigning to each class positions of
18    substantially similar duties. The Merit Board shall have
19    power to delegate to its Executive Director the duty of
20    assigning each position in the classified service to the
21    appropriate class in the classification plan approved by
22    the Merit Board.
23        (2) To prescribe the duties of each class of positions
24    and the qualifications required by employment in that
25    class.



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1        (3) To prescribe the range of compensation for each
2    class or to fix a single rate of compensation for employees
3    in a particular class; and to establish other conditions of
4    employment which an employer and employee representatives
5    have agreed upon as fair and equitable. The Merit Board
6    shall direct the payment of the "prevailing rate of wages"
7    in those classifications in which, on January 1, 1952, any
8    employer is paying such prevailing rate and in such other
9    classes as the Merit Board may thereafter determine.
10    "Prevailing rate of wages" as used herein shall be the
11    wages paid generally in the locality in which the work is
12    being performed to employees engaged in work of a similar
13    character. Each employer covered by the University System
14    shall be authorized to negotiate with representatives of
15    employees to determine appropriate ranges or rates of
16    compensation or other conditions of employment and may
17    recommend to the Merit Board for establishment the rates or
18    ranges or other conditions of employment which the employer
19    and employee representatives have agreed upon as fair and
20    equitable. Any rates or ranges established prior to January
21    1, 1952, and hereafter, shall not be changed except in
22    accordance with the procedures herein provided.
23        (4) To recommend to the institutions and agencies
24    specified in Section 36e standards for hours of work,
25    holidays, sick leave, overtime compensation and vacation
26    for the purpose of improving conditions of employment



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1    covered therein and for the purpose of insuring conformity
2    with the prevailing rate principal.
3        (5) To prescribe standards of examination for each
4    class, the examinations to be related to the duties of such
5    class. The Merit Board shall have power to delegate to the
6    Executive Director and his or her staff the preparation,
7    conduct and grading of examinations. Examinations may be
8    written, oral, by statement of training and experience, in
9    the form of tests of knowledge, skill, capacity, intellect,
10    aptitude; or, by any other method, which in the judgment of
11    the Merit Board is reasonable and practical for any
12    particular classification. Different examining procedures
13    may be determined for the examinations in different
14    classifications but all examinations in the same
15    classification shall be uniform.
16        (6) To authorize the continuous recruitment of
17    personnel and to that end, to delegate to the Executive
18    Director and his or her staff the power and the duty to
19    conduct open and continuous competitive examinations for
20    all classifications of employment.
21        (7) To cause to be established, from the results of
22    examinations, registers for each class of positions in the
23    classified service of the University State Universities
24    Civil Service System, of the persons who shall attain the
25    minimum mark fixed by the Merit Board for the examination;
26    and such persons shall take rank upon the registers as



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1    candidates in the order of their relative excellence as
2    determined by examination, without reference to priority
3    of time of examination.
4        (8) To provide by its rules for promotions in the
5    classified service. Vacancies shall be filled by promotion
6    whenever practicable. For the purpose of this paragraph, an
7    advancement in class shall constitute a promotion.
8        (8.5) To issue subpoenas to secure the attendance and
9    testimony of witnesses and the production of books and
10    papers in the course of any investigation or hearing
11    conducted pursuant to the Act.
12        (9) (Blank). To set a probationary period of employment
13    of no less than 6 months and no longer than 12 months for
14    each class of positions in the classification plan, the
15    length of the probationary period for each class to be
16    determined by the Director.
17        (10) To provide by its rules for employment at regular
18    rates of compensation of persons with physical
19    disabilities in positions in which the disability does not
20    prevent the individual from furnishing satisfactory
21    service.
22        (11) To make and publish rules, to carry out the
23    purpose of the University State Universities Civil Service
24    System and for examination, appointments, transfers and
25    removals and for maintaining and keeping records of the
26    efficiency of officers and employees and groups of officers



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1    and employees in accordance with the provisions of Sections
2    36b to 36q, inclusive, and said Merit Board may from time
3    to time make changes in such rules.
4        (12) To appoint an Executive a Director who shall
5    appoint staff to and such assistants and other clerical and
6    technical help as may be necessary efficiently to
7    administer Sections 36b to 36q, inclusive. To authorize the
8    Executive Director to appoint a Designated Employer
9    Representative an assistant resident at the place of
10    employment of each employer specified in Section 36e, and
11    this Designated Employer Representative assistant may be
12    authorized to give examinations and to certify names from
13    the regional registers provided in Section 36k. The
14    enumeration of specific duties and powers that the Merit
15    Board may delegate to the Executive Director in this
16    Section does not preclude the Merit Board from delegating
17    other duties and powers to the Executive Director.
18        (13) To submit to the Governor of this state on or
19    before November 1 of each year prior to the regular session
20    of the General Assembly a report of the University System's
21    business and an estimate of the amount of appropriation
22    from state funds required for the purpose of administering
23    the University System.
24    (14) To authorize the creation and use of pilot programs to
25further the goals of the Act, which may be inconsistent with
26any rules adopted by the Merit Board, provided that such



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1programs are of limited duration and do not reduce any rights
2or benefits of employees subject to this Act.
3(Source: P.A. 99-143, eff. 7-27-15.)
4    (110 ILCS 70/36e)  (from Ch. 24 1/2, par. 38b4)
5    Sec. 36e. Coverage. All employees of the Illinois Community
6College Board, State Community College of East St. Louis
7(abolished under Section 2-12.1 of the Public Community College
8Act), Southern Illinois University, Chicago State University,
9Eastern Illinois University, Governors State University,
10Illinois State University, Northeastern Illinois University,
11Northern Illinois University, Western Illinois University, the
12University of Illinois, the University State Universities
13Civil Service System, the State Universities Retirement
14System, the State Scholarship Commission, and the Board of
15Higher Education, shall be covered by the University System
16described in Sections 36b to 36q, inclusive, of this Act,
17except the following persons:
18        (1) The members and officers of the Merit Board and the
19    board of trustees, and the commissioners of the
20    institutions and agencies covered hereunder;
21        (2) The presidents and vice-presidents of each
22    educational institution;
23        (3) Other principal administrative employees of each
24    institution and agency as determined by the Merit Board;
25        (4) The teaching, research and extension faculties of



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1    each institution and agency;
2        (5) Students employed under rules prescribed by the
3    Merit Board, without examination or certification.
4(Source: P.A. 97-333, eff. 8-12-11.)
5    (110 ILCS 70/36f)  (from Ch. 24 1/2, par. 38b5)
6    Sec. 36f. Examinations.
7    (a) All examinations given under the University System
8shall be open to all applicants who are citizens of or
9residents in the State of Illinois and who can qualify by
10training and experience for the position for which application
11is made. In examinations for technical positions for which no
12qualified residents of this State are available the residence
13requirement may be waived.
14    (b) Examinations may be written; oral; by statement of
15training and experience; in the form of tests of knowledge,
16skill, capacity, intellect, or aptitude; or by any other method
17which, in the judgment of the Merit Board, is reasonable and
18practical for any particular classification. The examinations
19shall be practical and shall relate to the classification for
20which the examination is given. No question in any examination
21shall relate to political or religious affiliation or racial
22origins of the examinee.
23    (c) Different examining procedures may be determined for
24the examinations in different classifications, but all
25examinations in the same classification must be uniform. The



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1examination requirement for the initial appointment, entry
2level position only, of law enforcement personnel may be waived
3if an applicant has satisfied all the requirements established
4by the Illinois Police Training Act for appointment of law
5enforcement officers and if the Merit Board allows for such a
6waiver by rule. Additional positions may have the examination
7requirement waived if the occupational standards are regulated
8by the Department of Financial and Professional Regulation, as
9designated by the Merit Board and provided for in adopted
11(Source: Laws 1951, p. 1289.)
12    (110 ILCS 70/36g)  (from Ch. 24 1/2, par. 38b6)
13    Sec. 36g. Appropriate For the granting of appropriate
14preference in entrance examinations to qualified persons who
15have been members of the armed forces of the United States or
16to qualified persons who, while citizens of the United States,
17were members of the armed forces of allies of the United States
18in time of hostilities with a foreign country, and to certain
19other persons as set forth in this Section.
20    (a) As used in this Section:
21        (1) "Time of hostilities with a foreign country" means
22    any period of time in the past, present, or future during
23    which a declaration of war by the United States Congress
24    has been or is in effect or during which an emergency
25    condition has been or is in effect that is recognized by



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1    the issuance of a Presidential proclamation or a
2    Presidential executive order and in which the armed forces
3    expeditionary medal or other campaign service medals are
4    awarded according to Presidential executive order.
5        (2) "Armed forces of the United States" means the
6    United States Army, Navy, Air Force, Marine Corps, Coast
7    Guard. Service in the Merchant Marine that constitutes
8    active duty under Section 401 of federal Public Law 95-202
9    shall also be considered service in the Armed Forces of the
10    United States for purposes of this Section.
11    (b) The preference granted under this Section shall be in
12the form of points added to the final grades of the persons if
13they otherwise qualify and are entitled to appear on the list
14of those eligible for appointments.
15    (c) A veteran is qualified for a preference of 10 points if
16the veteran currently holds proof of a service connected
17disability from the United States Department of Veterans
18Affairs or an allied country or if the veteran is a recipient
19of the Purple Heart.
20    (d) A veteran who has served during a time of hostilities
21with a foreign country is qualified for a preference of 5
22points if the veteran served under one or more of the following
24        (1) The veteran served a total of at least 6 months, or
25        (2) The veteran served for the duration of hostilities
26    regardless of the length of engagement, or



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1        (3) The veteran was discharged on the basis of
2    hardship, or
3        (4) The veteran was released from active duty because
4    of a service connected disability and was discharged under
5    honorable conditions.
6    (e) A person not eligible for a preference under subsection
7(c) or (d) is qualified for a preference of 3 points if the
8person has served in the armed forces of the United States, the
9Illinois National Guard, or any reserve component of the armed
10forces of the United States and the person: (1) served for at
11least 6 months and has been discharged under honorable
12conditions or (2) has been discharged on the ground of hardship
13or (3) was released from active duty because of a service
14connected disability. An active member of the National Guard or
15a reserve component of the armed forces of the United States is
16eligible for the preference if the member meets the service
17requirements of this subsection (e).
18    (f) The rank order of persons entitled to a preference on
19eligible lists shall be determined on the basis of their
20augmented ratings. When the Executive Director establishes
21eligible lists on the basis of category ratings such as
22"superior", "excellent", "well-qualified", and "qualified",
23the veteran eligibles in each such category shall be preferred
24for appointment before the non-veteran eligibles in the same
26    (g) (Blank). Employees in positions covered by this Act



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1who, while in good standing, leave to engage in military
2service during a period of hostility, shall be given credit for
3seniority purposes for time served in the armed forces.
4    (h) A surviving unremarried spouse of a veteran who
5suffered a service connected death or the spouse of a veteran
6who suffered a service connected disability that prevents the
7veteran from qualifying for civil service employment shall be
8entitled to the same preference to which the veteran would have
9been entitled under this Section.
10    (i) A preference shall also be given to the following
11individuals: 10 points for one parent of an unmarried veteran
12who suffered a service connected death or a service connected
13disability that prevents the veteran from qualifying for civil
14service employment. The first parent to receive a civil service
15appointment shall be the parent entitled to the preference.
16(Source: P.A. 87-796.)
17    (110 ILCS 70/36g-1)  (from Ch. 24 1/2, par. 38b6.1)
18    Sec. 36g-1. Active military service. Any employee of any
19institution or agency subject to this Act State Community
20College of East St. Louis (abolished under Section 2-12.1 of
21the Public Community College Act), Southern Illinois
22University, the University of Illinois, any university under
23the jurisdiction of the Board of Regents, or any college or
24university under the jurisdiction of the Board of Governors of
25State Colleges and Universities who is a member of any reserve



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1component of the United States Armed Services, including the
2Illinois National Guard, and who is mobilized to active
3military duty on or after August 1, 1990 as a result of an
4order of the President of the United States, shall, for each
5pay period beginning on or after the date of that mobilization,
6August 1, 1990 continue to receive the same regular
7compensation that he or she receives or was receiving as an
8employee of that educational institution or agency at the time
9he or she is or was so mobilized to active military duty, plus
10any health insurance and other benefits he or she is or was
11receiving or accruing at that time, minus the amount of his or
12her base pay for military service, and shall be given credit
13for seniority purposes for the duration of his or her active
14military service.
15    In the event any provision of a collective bargaining
16agreement or any policy of the educational institution covering
17any employee so ordered to active duty is more generous than
18the provisions contained in this Section, that collective
19bargaining agreement or policy shall be controlling.
20(Source: P.A. 97-333, eff. 8-12-11.)
21    (110 ILCS 70/36h)  (from Ch. 24 1/2, par. 38b7)
22    Sec. 36h. Appointment.
23    (1) Whenever an employer covered by the University System
24has a position which needs to be filled, this employer shall
25inform the Executive Director of the Merit Board. The Executive



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1Director shall then certify to the employer the names and
2addresses of the persons with the 3 highest scores on the
3register for the classification to which the position is
4assigned. The employer shall select one of these persons
5certified for the position and shall notify the Executive
6Director of the Merit Board of the selection. If less than 3
7scores appear on the appropriate register, the Executive
8Director shall certify the names and addresses of all persons
9on the register.
10    (2) All appointments shall be for a probationary period of
11no less than 6 months and no longer than 12 months for each
12class of positions in the classification plan, the length of
13the probationary period for each class having been determined
14by the Executive Director, except that persons first appointed
15to any police department of any university or college subject
16to this Act covered by the University System after the
17effective date of this amendatory Act of 1979 shall be on
18probation for one year. The service during the probationary
19period shall be deemed to be a part of the examination. During
20the probationary period, the employee may be dismissed if the
21employer determines that the employee has failed to demonstrate
22the ability and the qualifications necessary to furnish
23satisfactory service. The employer shall notify the Executive
24Director in writing of such dismissal. If an employee is not so
25dismissed during his or her probationary period, his or her
26appointment shall be deemed complete at the end of the period.



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1    (3) No person shall be appointed to any police department
2of any university or college covered by the University System
3unless he or she possesses a high school diploma or an
4equivalent high school education and unless he or she is a
5person of good character and is not a person who has been
6convicted of a felony or a crime involving moral turpitude.
7(Source: P.A. 99-72, eff. 1-1-16.)
8    (110 ILCS 70/36j)  (from Ch. 24 1/2, par. 38b9)
9    Sec. 36j. Promotions.
10    (a) The Merit Board shall by rules provide for promotions
11on the basis of ability and experience and seniority in service
12and examination and to provide in all cases where it is
13practicable that vacancies will be filled by promotion. For the
14purpose of this Section, an advancement in class shall
15constitute a promotion.
16    (b) The Merit Board shall by rule fix lines of promotion
17from such several offices and places to superior offices or
18places in all cases where, in the judgment of the Merit Board,
19the duties of such several positions directly tend to fit the
20incumbent for a superior position.
21    (c) Employees promoted in the promotional line shall have
22their seniority for the highest position held on the basis of
23length of service in that classification. For the next lower
24classification the employee may add his seniority in the higher
25classification to that in the lower to determine seniority in



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1the lower classification. Whenever a superior position in the
2promotional line in the classified civil service under the
3University System is to be filled, the Executive Director shall
4certify to the employer, in the order of their seniority, the
5names and addresses of the persons with the 3 highest scores on
6the promotional register for the class or grade to which said
7position belongs. The employer shall appoint one of those
8persons whose names were certified by the Executive Director.
9    (d) Appointments to superior positions in the promotional
10line shall be on probation for a period of no less than 6
11months and no longer than 12 months for each class of positions
12in the classification plan, the length of the probationary
13period having been determined by the Executive Director.
14Persons so appointed may be demoted at any time during the
15period of probation if, in the opinion of the employer, they
16have failed to demonstrate the ability and the qualifications
17necessary to furnish satisfactory service, but shall not be
18discharged from the superior position if they have previously
19completed a probationary period in an inferior position in the
20promotional line.
21    (e) Employees promoted in the promotional line shall have
22their seniority for the highest position held on the basis of
23length of service in that classification. For the next lower
24classification, the employee may add his or her seniority in
25the higher classification to that in the lower to determine
26seniority in the lower classification.



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1    (f) Whenever a person is promoted to a superior position in
2the promotional line prior to the completion of the
3probationary period in any one of the positions in the
4classified civil service under the University System, total
5service in the inferior position and in all such superior
6positions shall be combined to establish certified status and
7seniority in the inferior position.
8(Source: P.A. 99-72, eff. 1-1-16.)
9    (110 ILCS 70/36o)  (from Ch. 24 1/2, par. 38b14)
10    Sec. 36o. Demotion, removal, and discharge.
11    (a) After the completion of his or her probationary period,
12no employee shall be demoted, removed or discharged except for
13just cause, upon written charges, and after an opportunity to
14be heard in his or her own defense if he or she makes a written
15request for a hearing to the Merit Board within 15 days after
16the serving of the written charges upon him or her.
17    (b) Upon the filing of such a request for a hearing, the
18Merit Board shall grant such hearing by a hearing board or
19hearing officer appointed by the Merit Board to commence be
20held within 45 days from the date of the service of the
21demotion, removal, or discharge notice, which may be continued
22from time to time by a hearing board or hearing officer
23appointed by the Merit Board. The members of the hearing board
24or the hearing officer shall be selected from among the members
25of a panel established by the Merit Board after consultation



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1with the Advisory Committee provided in Section 36c. The
2hearing board or hearing officer shall make and render findings
3of facts on the charges and transmit to the Merit Board a
4transcript of the evidence along with the hearing board's or
5hearing officer's findings of fact. The findings of the hearing
6board or hearing officer when approved by the Merit Board shall
7be certified to the parties employer.
8    (c) If cause for demotion, removal, or discharge is found,
9the employee shall be immediately demoted, removed, or
10discharged separated from the service. If cause is not found,
11the employee shall forthwith be reassigned to perform the
12duties of a position in his or her classification without loss
13of compensation.
14    (d) In the course of the hearing, the Executive Director of
15the Merit Board shall have power to administer oaths and to
16secure by subpoena the attendance and testimony of witnesses
17and the production of books and papers relevant to the inquiry.
18    (e) The provisions of the Administrative Review Law and all
19amendments and modification thereof, and the rules adopted
20pursuant thereto, shall apply to and govern all proceedings for
21the judicial review of final administrative decisions of the
22Merit Board hereby created. The term "administrative decision"
23is defined as in Section 3-101 of the Code of Civil Procedure.
24(Source: P.A. 95-113, eff. 8-13-07.)
25    (110 ILCS 70/36p)  (from Ch. 24 1/2, par. 38b15)



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1    Sec. 36p. Nondiscrimination. In the administration of the
2University System, no applicant shall be denied employment by
3the Merit Board or by any employer subject to this Act because
4of race, color, sex, national origin, religious or political
5affiliations, ancestry, age, marital status, order of
6protection status, disability, military status, sexual
7orientation, pregnancy, or unfavorable military discharge, as
8defined in the Illinois Human Rights Act, except that any
9applicant for employment may be required as a condition of
10employment, to sign a valid oath attesting his loyalty to the
11state and the United States.
12(Source: P.A. 78-842.)
13    (110 ILCS 70/36s)  (from Ch. 24 1/2, par. 38b18)
14    Sec. 36s. Supported employees.
15    (a) The Merit Board shall develop and implement a supported
16employment program. It shall be the goal of the program to
17appoint a minimum of 10 supported employees to State University
18civil service positions before June 30, 1992.
19    (b) The Merit Board shall designate a liaison to work with
20State agencies and departments, any funder or provider or both,
21and State universities in the implementation of a supported
22employment program.
23    (c) As used in this Section:
24        (1) "Supported employee" means any individual who:
25            (A) has a severe physical or mental disability



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1        which seriously limits functional capacities,
2        including but not limited to, mobility, communication,
3        self-care, self-direction, work tolerance or work
4        skills, in terms of employability as defined,
5        determined and certified by the Department of Human
6        Services; and
7            (B) has one or more physical or mental disabilities
8        resulting from amputation; arthritis; blindness;
9        cancer; cerebral palsy; cystic fibrosis; deafness;
10        heart disease; hemiplegia; respiratory or pulmonary
11        dysfunction; an intellectual disability; mental
12        illness; multiple sclerosis; muscular dystrophy;
13        musculoskeletal disorders; neurological disorders,
14        including stroke and epilepsy; paraplegia;
15        quadriplegia and other spinal cord conditions; sickle
16        cell anemia; and end-stage renal disease; or another
17        disability or combination of disabilities determined
18        on the basis of an evaluation of rehabilitation
19        potential to cause comparable substantial functional
20        limitation.
21        (2) "Supported employment" means competitive work in
22    integrated work settings:
23            (A) for individuals with severe disabilities for
24        whom competitive employment has not traditionally
25        occurred, or
26            (B) for individuals for whom competitive



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1        employment has been interrupted or intermittent as a
2        result of a severe disability, and who because of their
3        disability, need on-going support services to perform
4        such work. The term includes transitional employment
5        for individuals with chronic mental illness.
6        (3) "Participation in a supported employee program"
7    means participation as a supported employee that is not
8    based on the expectation that an individual will have the
9    skills to perform all the duties in a job class, but on the
10    assumption that with support and adaptation, or both, a job
11    can be designed to take advantage of the supported
12    employee's special strengths.
13        (4) "Funder" means any entity either State, local or
14    federal, or private not-for-profit or for-profit that
15    provides monies to programs that provide services related
16    to supported employment.
17        (5) "Provider" means any entity either public or
18    private that provides technical support and services to any
19    department or agency subject to the control of the
20    Governor, the Secretary of State or the University Civil
21    Service System.
22    (d) The Merit Board shall establish job classifications for
23supported employees who may be appointed into the
24classifications without open competitive testing requirements.
25Supported employees shall serve in a trial employment capacity
26for not less than 3 or more than 12 months.



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1    (e) The Merit Board shall maintain a record of all
2individuals hired as supported employees. The record shall
4        (1) the number of supported employees initially
5    appointed;
6        (2) the number of supported employees who successfully
7    complete the trial employment periods; and
8        (3) the number of permanent targeted positions by
9    titles.
10    (f) The Merit Board shall submit an annual report to the
11General Assembly regarding the employment progress of
12supported employees, with recommendations for legislative
14(Source: P.A. 99-143, eff. 7-27-15.)".