Sec. 21. (a) Except as provided in subsection (b), the state classified service consists of positions in programs that have a federal statutory or regulatory requirement for the establishment and maintenance of personnel standards on a merit basis, including positions under the following:

(1) Employment Security (Unemployment Insurance and Employment Services) (26 U.S.C. 3301 et seq., 29 U.S.C. 2801 et seq., 38 U.S.C. 2000 et seq., 42 U.S.C. 501 et seq., and 42 U.S.C. 1101 et seq.).

(2) Federal Payments for Foster Care and Adoption Assistance (42 U.S.C. 673).

(3) Supplemental Nutrition Assistance Program (7 U.S.C. 2011 et seq.).

(4) Grants to States for Aid to the Blind (42 U.S.C. 1201 et seq.).

(5) Medical Assistance (Medicaid) (42 U.S.C. 1396 et seq.).

(6) Occupational Safety and Health Act (29 U.S.C. 651 et seq.).

(7) Occupational Safety and Health Grants to States (29 U.S.C. 673).

(8) Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5121 et seq.).

(9) Social Security Act (42 U.S.C. 301 et seq.).

(10) State and Community Programs on Aging and the Older Americans Act (42 U.S.C. 3001 et seq.).

(11) Wagner-Peyser Act (29 U.S.C. 49 et seq.).

(b) The following positions are exempt from the state classified service:

(1) An officer or employee appointed by the governor or lieutenant governor.

(2) A deputy, an administrative assistant, a secretary, or another position in a confidential relationship to an officer or employee described in subdivision (1).

(3) An employee who holds an executive level position:

(A) who is the head of a division or major unit within a state agency;

(B) who is a regional director or manager for a state agency, regardless of the title of the position; or

(C) who, as a substantial part of the position's duties, provides meaningful input on:

(i) the development of policy goals; or

(ii) the implementation of policy.

(4) The superintendent or director of a state institution.

(5) The highest ranking employee of a state agency who:

(A) holds an executive level position; and

(B) has primary responsibility for one (1) or more of the following functions:

(i) Public information.

(ii) Legal matters.

(iii) Fiscal matters.

(iv) Security or internal affairs.

(v) Human resources.

(c) This section may not be construed to include in the state classified service a position in a governmental entity listed in section 1(b) of this chapter unless the chief executive officer of the governmental entity makes the election described in section 1(c) of this chapter to have all or a part of the governmental entity's employees participate in the state civil service.

As added by P.L.229-2011, SEC.56.