HB1458 94TH GENERAL ASSEMBLY

LRB094 08906 AJO 39126 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1458

Introduced 02/10/05, by Rep. Linda Chapa LaVia - Donald L. Moffitt - Michael P. McAuliffe - Patrick J Verschoore - Patricia Bailey

SYNOPSIS AS INTRODUCED:

65 ILCS 5/10-1-16

from Ch. 24, par. 10-1-16

Amends the Illinois Municipal Code. Provides that persons who were engaged in active military or naval service of the United States for at least one year (now, at any time during certain stated periods) and who were honorably discharged shall be preferred for appointments to civil offices, positions, and places of employment in the classified service of a municipality that is subject to Division 1 of the Code. Provides that the municipality's civil service commission shall give preference points for original appointments to qualified veterans, whose names appear on any register of eligibles resulting from a civil service entrance exam, by adding 5 points to their final grade averages. Provides that qualified veterans shall be preferred for promotional civil service appointments and that the preference that the qualified veterans will receive shall be seven-tenths of one point for each 6 months or fraction thereof of active military or naval service not exceeding 30 months (now, no requirement that the service be active). Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Section 10-1-16 as follows:

(65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)

Sec. 10-1-16. Persons who were engaged in the active military or naval service of the United States for a period of at least one year at any time during the years 1898 through 1902, 1914 through 1919, at any time between September 16, 1940 and July 25, 1947, or at any time during the national emergency between June 25, 1950 and January 31, 1955, or at any time between January 1, 1961 and the date Congress declares the Viet Nam conflict ended, and who were honorably discharged therefrom and all persons who were engaged in such military or naval service during any of such years who are now or may hereafter be on inactive or reserve duty in such military or naval service, not including, however, persons who were convicted by court-martial of disobedience of orders, where such disobedience consisted in the refusal to perform military service on the ground of alleged religious or conscientious objections against war, shall be preferred for appointments to civil offices, positions, and places of employment in the classified service of any municipality coming under the provisions of this Division 1, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such office, position, or place of employment as determined by examination.

The civil service commission shall give preference points for original appointment to qualified veterans whose names appear on any register of eligibles resulting from an examination for original entrance in the classified service of any municipality coming under the provisions of this Division 1 by adding to the final grade average that they receive or will receive as the result of any examination held for original entrance, 5 points. The numerical result thus attained shall be applied by the civil service commission in determining the position of those persons on any eligibility list that has been created as the result of any examination for original entrance for purposes of preference in certification and appointment from that eligibility list. Persons who were engaged in the active military or naval service of the United States for a period of at least one year The civil service commission on certifying from any existing register of eligibles resulting from the holding of an examination for original entrance or any register of eligibles that may be hereafter created of persons who have taken and successfully passed the examinations provided for in this Division 1 for original entrance commencing prior to September 1, 1949, shall place the name or names of such persons at the head of any existing eligible register or list of eligibles that may hereafter be created under the provision of this Division 1, to be certified for appointment. The civil service commission shall give preference for original appointment to persons as hereinabove designated whose names appear on any register of eligibles resulting from an examination for original entrance held under the provisions of this Division 1 and commenced on or after September 1, 1949 by adding to the final grade average which they received or will receive as the result of any examination held for original entrance, 5 points. The numerical result thus attained shall be applied by the civil service commission in determining the position of such persons on any eligible list which has been created as the result of any examination for original entrance commenced on or after September 1, 1949 for purposes of preference in certification and appointment from such eligible list.

Every certified civil service employee who was called to, or who volunteered for, the military or naval service of the United States at any time during the years specified in this Division 1, at any time between September 16, 1940 and July 25, 1947, or at any time during the national emergency between June 25, 1950 and January 31, 1955, or at any time between January 1, 1961 and the date Congress declares the Viet Nam conflict ended, and who were honorably discharged therefrom or who are now or who may hereafter be on inactive or reserve duty in such military or naval service, not including, however, persons who were convicted by court martial of disobedience of orders where such disobedience consisted in the refusal to perform military service on the ground of alleged religious or conscientious objections against war, and whose names appear on existing promotional eligible registers or any promotional eligible register that may hereafter be created, as provided for by this Division 1, shall be preferred for promotional appointment to civil offices, positions and places of employment in the classified civil service of any municipality coming under the provisions of this Division 1.

The civil service commission shall give preference for promotional appointment to persons as hereinabove designated whose names appear on existing promotional eligible registers or promotional eligible registers that may hereafter be created by adding to the final grade average which they received or will receive as the result of any promotional examination commencing prior to September 1, 1949, six-tenths of one point for each 6 months or fraction thereof of military or naval service not exceeding 30 months, and by adding to the final grade average which they will receive as the result of any promotional examinations held commencing on or after September 1, 1949 seven-tenths of one point for each 6 months or fraction thereof of active military or naval service not exceeding 30 months. The numerical result thus attained shall be applied by the civil service commission in determining the position of such persons on any eligible list which has been created or will be created as the result of any promotional examination held hereunder for purposes of preference in certification and appointment from such eligible list.

No person shall receive the preference for a promotional appointment granted by this Section after he has received one promotion from an eligible list on which he was allowed such preference and which was prepared as a result of an examination held on or after September 1, 1949.

No person entitled to preference or credit for military or naval service hereunder shall be required to furnish evidence or record of honorable discharge from the armed forces before the publication or posting of any eligible register or list resulting from the examination. Such preference shall be given after the posting or publication of any eligible list or register resulting from such examination and before any certifications or appointments are made from such list or register.

(Source: P.A. 76-69.)

Section 99. Effective date. This Act takes effect upon becoming law.