Full Text of HB4612 95th General Assembly
HB4612eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning State employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the State | 5 |
| Employment Application Act. | 6 |
| Section 5. Definition. In this Act: | 7 |
| "Application for State employment" means a written or | 8 |
| electronic form submitted by an applicant who is seeking | 9 |
| employment with a State agency. | 10 |
| "Crime of violence" has the meaning ascribed to it in | 11 |
| Section 1-10 of the Alcoholism and Other Drug Abuse and | 12 |
| Dependency Act. | 13 |
| "State agency" has the meaning ascribed to it in Section | 14 |
| 1-7 of the Illinois State Auditing Act.
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| Section 10. State employment application; required | 16 |
| question. Subject to the exception set out in Section 15 of | 17 |
| this Act, an application for State employment may not contain | 18 |
| any question as to whether the applicant was convicted of or | 19 |
| placed on supervision for a non-violent criminal offense but | 20 |
| must contain a question as to whether the applicant for State | 21 |
| employment has ever been convicted of a crime of violence that | 22 |
| is classified as a felony. |
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| Section 15. Criminal background checks permitted. Nothing | 2 |
| in this Act shall be construed to prohibit a State agency from | 3 |
| conducting a criminal background check of an applicant for | 4 |
| State employment. | 5 |
| Section 20. Application of federal or State law. If a | 6 |
| federal or State law disqualifies a person convicted of certain | 7 |
| offenses from holding a position, an application for that | 8 |
| position may inquire as to whether the applicant has been | 9 |
| convicted of a disqualifying offense. If an applicant is | 10 |
| applying for a position of peace officer as defined in Section | 11 |
| 2-13 of the Criminal Code of 1961, an application for that | 12 |
| position may inquire as to whether the applicant has been | 13 |
| convicted of a disqualifying offense. | 14 |
| Section 25. Refusal to hire for conviction of a criminal | 15 |
| offense. Nothing in this Act prohibits a decision to refuse to | 16 |
| hire on the basis that the applicant has been convicted of a | 17 |
| criminal offense. | 18 |
| Section 30. No rule making authority. Notwithstanding any | 19 |
| other rulemaking authority that may exist, neither the Governor | 20 |
| nor any agency or agency head under the jurisdiction of the | 21 |
| Governor has any authority to make or promulgate rules to | 22 |
| implement or enforce the provisions of this Act. If, however, |
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| the Governor believes that rules are necessary to implement or | 2 |
| enforce the provisions of this Act, the Governor may suggest | 3 |
| rules to the General Assembly by filing them with the Clerk of | 4 |
| the House and the Secretary of the Senate and by requesting | 5 |
| that the General Assembly authorize such rulemaking by law, | 6 |
| enact those suggested rules into law, or take any other | 7 |
| appropriate action in the General Assembly's discretion. | 8 |
| Nothing contained in this Act shall be interpreted to grant | 9 |
| rulemaking authority under any other Illinois statute where | 10 |
| such authority is not otherwise explicitly given. For the | 11 |
| purposes of this Section, "rules" is given the meaning | 12 |
| contained in Section 1-70 of the Illinois Administrative | 13 |
| Procedure Act, and "agency" and "agency head" are given the | 14 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 15 |
| Administrative Procedure Act to the extent that such | 16 |
| definitions apply to agencies or agency heads under the | 17 |
| jurisdiction of the Governor. | 18 |
| Section 90. The Personnel Code is amended by changing | 19 |
| Section 8b.7 as follows:
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| (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
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| Sec. 8b.7. Veteran preference. For the granting of | 22 |
| appropriate
preference in entrance examinations to qualified | 23 |
| persons who have been members
of the armed forces of the United | 24 |
| States or to qualified persons who, while
citizens of the |
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| United States, were members of the armed forces of allies of
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| the United States in time of hostilities with a foreign | 3 |
| country, and to certain
other persons as set forth in this | 4 |
| Section.
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| (a) As used in this Section:
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| (1) "Time of hostilities with a foreign country" means | 7 |
| any period of
time in the past, present, or future during | 8 |
| which a declaration of war by
the United States Congress | 9 |
| has been or is in effect or during which an
emergency | 10 |
| condition has been or is in effect that is recognized by | 11 |
| the
issuance of a Presidential proclamation or a | 12 |
| Presidential executive order
and in which the armed forces | 13 |
| expeditionary medal or other campaign service
medals are | 14 |
| awarded according to Presidential executive order.
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| (2) "Armed forces of the United States" means the | 16 |
| United States Army,
Navy, Air Force, Marine Corps, and | 17 |
| Coast Guard. Service in the Merchant
Marine that | 18 |
| constitutes active duty under Section 401 of federal Public | 19 |
| Law
95-202 shall also be considered service in the Armed | 20 |
| Forces of the United
States for purposes of this Section.
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| (b) The preference granted under this Section shall be in | 22 |
| the form of points
added to the final grades of the persons if | 23 |
| they otherwise qualify and are
entitled to appear on the list | 24 |
| of those eligible for appointments.
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| (c) A veteran is qualified for a preference of 12 10 points | 26 |
| if the veteran
currently holds proof of a service connected |
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| disability from the United
States Department of Veterans | 2 |
| Affairs or an allied country or if the
veteran is a recipient | 3 |
| of the Purple Heart.
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| (d) A veteran who has served during a time of hostilities | 5 |
| with a foreign
country is qualified for a preference of 7 5 | 6 |
| points if the veteran served
under one or more of the following | 7 |
| conditions:
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| (1) The veteran served a total of at least 6 months, or
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| (2) The veteran served for the duration of hostilities | 10 |
| regardless of
the length of engagement, or
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| (3) The veteran was discharged on the basis of | 12 |
| hardship, or
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| (4) The veteran was released from active duty because | 14 |
| of a service connected disability and was discharged under | 15 |
| honorable conditions.
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| (e) A person not eligible for a preference under subsection | 17 |
| (c) or (d)
is qualified for a preference of 5 3 points if the | 18 |
| person has served in the
armed forces of the United States, the | 19 |
| Illinois National Guard, or any
reserve component of the armed | 20 |
| forces of the United States if the person:
(1) served for at | 21 |
| least 6 months and has been discharged under honorable
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| conditions or (2) has been discharged on the ground of hardship | 23 |
| or (3) was
released from active duty because of a service | 24 |
| connected disability. An
active member of the National Guard or | 25 |
| a reserve component of the armed
forces of the United States is | 26 |
| eligible for the preference if the member
meets the service |
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| requirements of this subsection (e).
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| (f) The rank order of persons entitled to a preference on | 3 |
| eligible lists
shall be determined on the basis of their | 4 |
| augmented ratings. When the
Director establishes eligible | 5 |
| lists on the basis of category ratings such as
"superior", | 6 |
| "excellent", "well-qualified", and "qualified", the veteran
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| eligibles in each such category shall be preferred for | 8 |
| appointment before the
non-veteran eligibles in the same | 9 |
| category.
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| (g) Employees in positions covered by jurisdiction B who, | 11 |
| while in good
standing, leave to engage in military service | 12 |
| during a period of hostility,
shall be given credit for | 13 |
| seniority purposes for time served in the armed
forces.
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| (h) A surviving unremarried spouse of a veteran who | 15 |
| suffered a service
connected death or the spouse of a veteran | 16 |
| who suffered a service connected
disability that prevents the | 17 |
| veteran from qualifying for civil service
employment shall be | 18 |
| entitled to the same preference to which the veteran
would have | 19 |
| been entitled under this Section.
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| (i) A preference shall also be given to the following | 21 |
| individuals: 10
points for one parent of an unmarried veteran | 22 |
| who suffered a service
connected death or a service connected | 23 |
| disability that prevents the veteran
from qualifying for civil | 24 |
| service employment. The first parent to receive a
civil service | 25 |
| appointment shall be the parent entitled to the preference.
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| (j) The Department of Central Management Services shall |
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| adopt rules and
implement procedures to verify that any person | 2 |
| seeking a preference under this
Section is entitled to the | 3 |
| preference. A person seeking a preference under
this Section | 4 |
| shall provide documentation or execute any consents or other
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| documents required by the Department of Central Management | 6 |
| Services or any
other State department or agency to enable the | 7 |
| department or agency to verify
that the person is entitled to | 8 |
| the preference.
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| (k) If an applicant claims to be a veteran, the Department | 10 |
| of Central
Management Services must verify that status before | 11 |
| granting a veteran
preference by requiring a certified copy of | 12 |
| the applicant's most recent
DD214 (Certificate of Release or | 13 |
| Discharge from Active Duty) or other evidence
of the | 14 |
| applicant's most recent honorable discharge from the Armed | 15 |
| Forces of the
United States that is determined to be acceptable | 16 |
| by the Department of Central
Management Services.
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| (l) Notwithstanding any other rulemaking authority that | 18 |
| may exist, neither the Governor nor any agency or agency head | 19 |
| under the jurisdiction of the Governor has any authority to | 20 |
| make or promulgate rules to implement or enforce the provisions | 21 |
| of this amendatory Act of the 95th General Assembly. If, | 22 |
| however, the Governor believes that rules are necessary to | 23 |
| implement or enforce the provisions of this amendatory Act of | 24 |
| the 95th General Assembly, the Governor may suggest rules to | 25 |
| the General Assembly by filing them with the Clerk of the House | 26 |
| and the Secretary of the Senate and by requesting that the |
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HB4612 Engrossed |
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LRB095 15585 RLC 44876 b |
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| General Assembly authorize such rulemaking by law, enact those | 2 |
| suggested rules into law, or take any other appropriate action | 3 |
| in the General Assembly's discretion. Nothing contained in this | 4 |
| amendatory Act of the 95th General Assembly shall be | 5 |
| interpreted to grant rulemaking authority under any other | 6 |
| Illinois statute where such authority is not otherwise | 7 |
| explicitly given. For the purposes of this Section, "rules" is | 8 |
| given the meaning contained in Section 1-70 of the Illinois | 9 |
| Administrative Procedure Act, and "agency" and "agency head" | 10 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 11 |
| the Illinois Administrative Procedure Act to the extent that | 12 |
| such definitions apply to agencies or agency heads under the | 13 |
| jurisdiction of the Governor. | 14 |
| (Source: P.A. 90-655, eff. 7-30-98; 91-481, eff. 1-1-00.)
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