Illinois General Assembly - Full Text of HB3261
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Full Text of HB3261  100th General Assembly

HB3261enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Personnel Code is amended by changing
5Section 8b.7 as follows:
 
6    (20 ILCS 415/8b.7)  (from Ch. 127, par. 63b108b.7)
7    Sec. 8b.7. Veteran preference. For the granting of
8appropriate preference in entrance examinations to qualified
9veterans, persons who have been members of the armed forces of
10the United States or to qualified persons who, while citizens
11of the United States, were members of the armed forces of
12allies of the United States in time of hostilities with a
13foreign country, and to certain other persons as set forth in
14this Section.
15    (a) As used in this Section:
16        (1) "Time of hostilities with a foreign country" means
17    any period of time in the past, present, or future during
18    which a declaration of war by the United States Congress
19    has been or is in effect or during which an emergency
20    condition has been or is in effect that is recognized by
21    the issuance of a Presidential proclamation or a
22    Presidential executive order and in which the armed forces
23    expeditionary medal or other campaign service medals are

 

 

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1    awarded according to Presidential executive order.
2        (2) "Armed forces of the United States" means the
3    United States Army, Navy, Air Force, Marine Corps, and
4    Coast Guard. Service in the Merchant Marine that
5    constitutes active duty under Section 401 of federal Public
6    Law 95-202 shall also be considered service in the Armed
7    Forces of the United States for purposes of this Section.
8        (3) "Veteran" means a member of the armed forces of the
9    United States, the Illinois National Guard, or a reserve
10    component of the armed forces of the United States.
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
23conditions:
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 if 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
13hardship; or (3) was released from active duty because of a
14service connected disability; or (4) served a minimum of 4
15years in the Illinois National Guard or reserve component of
16the armed forces of the United States regardless of whether or
17not the person was mobilized to active duty. An active member
18of the National Guard or a reserve component of the armed
19forces of the United States is eligible for the preference if
20the member meets the service requirements of this subsection
21(e).
22    (f) The rank order of persons entitled to a preference on
23eligible lists shall be determined on the basis of their
24augmented ratings. When the Director establishes eligible
25lists on the basis of category ratings such as "superior",
26"excellent", "well-qualified", and "qualified", the veteran

 

 

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1eligibles in each such category shall be preferred for
2appointment before the non-veteran eligibles in the same
3category.
4    (g) Employees in positions covered by jurisdiction B who,
5while in good standing, leave to engage in military service
6during a period of hostility, shall be given credit for
7seniority purposes for time served in the armed forces.
8    (h) A surviving unremarried spouse of a veteran who
9suffered a service connected death or the spouse of a veteran
10who suffered a service connected disability that prevents the
11veteran from qualifying for civil service employment shall be
12entitled to the same preference to which the veteran would have
13been entitled under this Section.
14    (i) A preference shall also be given to the following
15individuals: 10 points for one parent of an unmarried veteran
16who suffered a service connected death or a service connected
17disability that prevents the veteran from qualifying for civil
18service employment. The first parent to receive a civil service
19appointment shall be the parent entitled to the preference.
20    (j) The Department of Central Management Services shall
21adopt rules and implement procedures to verify that any person
22seeking a preference under this Section is entitled to the
23preference. A person seeking a preference under this Section
24shall provide documentation or execute any consents or other
25documents required by the Department of Central Management
26Services or any other State department or agency to enable the

 

 

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1department or agency to verify that the person is entitled to
2the preference.
3    (k) If an applicant claims to be a veteran, the Department
4of Central Management Services must verify that status before
5granting a veteran preference by requiring a certified copy of
6the applicant's most recent DD214 (Certificate of Release or
7Discharge from Active Duty), NGB-22 (Proof of National Guard
8Service), or other evidence of the applicant's most recent
9honorable discharge from the Armed Forces of the United States
10that is determined to be acceptable by the Department of
11Central Management Services.
12(Source: P.A. 90-655, eff. 7-30-98; 91-481, eff. 1-1-00.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.