Full Text of HB4744 098th General Assembly
HB4744 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4744 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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20 ILCS 415/8b.7 | from Ch. 127, par. 63b108b.7 |
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Amends the Personnel Code. Provides that a person is qualified for a veterans preference of 2 points if the person completed his or her first term of enlistment or obligation, regardless of whether or not that person was placed on active duty status, and the person: (1) was discharged under honorable
conditions, (2) was discharged on the ground of hardship, or (3) was
released from active duty because of a service connected disability. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Personnel Code is amended by changing | 5 | | Section 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 | 8 | | appropriate
preference in entrance examinations to qualified | 9 | | persons who have been members
of the armed forces of the United | 10 | | States or to qualified persons who, while
citizens of the | 11 | | United States, were members of the armed forces of allies of
| 12 | | the United States in time of hostilities with a foreign | 13 | | country, and to certain
other persons as set forth in this | 14 | | 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 | | (b) The preference granted under this Section shall be in | 9 | | the form of points
added to the final grades of the persons if | 10 | | they otherwise qualify and are
entitled to appear on the list | 11 | | of those eligible for appointments.
| 12 | | (c) A veteran is qualified for a preference of 10 points if | 13 | | the veteran
currently holds proof of a service connected | 14 | | disability from the United
States Department of Veterans | 15 | | Affairs or an allied country or if the
veteran is a recipient | 16 | | of the Purple Heart.
| 17 | | (d) A veteran who has served during a time of hostilities | 18 | | with a foreign
country is qualified for a preference of 5 | 19 | | points if the veteran served
under one or more of the following | 20 | | conditions:
| 21 | | (1) The veteran served a total of at least 6 months, or
| 22 | | (2) The veteran served for the duration of hostilities | 23 | | regardless of
the length of engagement, or
| 24 | | (3) The veteran was discharged on the basis of | 25 | | hardship, or
| 26 | | (4) The veteran was released from active duty because |
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| 1 | | of a service connected disability and was discharged under | 2 | | honorable conditions.
| 3 | | (e) A person not eligible for a preference under subsection | 4 | | (c) or (d)
is qualified for a preference of 3 points if the | 5 | | person has served in the
armed forces of the United States, the | 6 | | Illinois National Guard, or any
reserve component of the armed | 7 | | forces of the United States if the person:
(1) served for at | 8 | | least 6 months and has been discharged under honorable
| 9 | | conditions or (2) has been discharged on the ground of hardship | 10 | | or (3) was
released from active duty because of a service | 11 | | connected disability. An
active member of the National Guard or | 12 | | a reserve component of the armed
forces of the United States is | 13 | | eligible for the preference if the member
meets the service | 14 | | requirements of this subsection (e).
| 15 | | (e-5) A person who is not eligible for a preference under | 16 | | subsection (c), (d), or (e) is qualified for a preference of 2 | 17 | | points if the person completed his or her first term of | 18 | | enlistment or obligation, regardless of whether or not that | 19 | | person was placed on active duty status, and the person: (1) | 20 | | was discharged under honorable
conditions, (2) was discharged | 21 | | on the ground of hardship, or (3) was
released from active duty | 22 | | because of a service connected disability. | 23 | | (f) The rank order of persons entitled to a preference on | 24 | | eligible lists
shall be determined on the basis of their | 25 | | augmented ratings. When the
Director establishes eligible | 26 | | lists on the basis of category ratings such as
"superior", |
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| 1 | | "excellent", "well-qualified", and "qualified", the veteran
| 2 | | eligibles in each such category shall be preferred for | 3 | | appointment before the
non-veteran eligibles in the same | 4 | | category.
| 5 | | (g) Employees in positions covered by jurisdiction B who, | 6 | | while in good
standing, leave to engage in military service | 7 | | during a period of hostility,
shall be given credit for | 8 | | seniority purposes for time served in the armed
forces.
| 9 | | (h) A surviving unremarried spouse of a veteran who | 10 | | suffered a service
connected death or the spouse of a veteran | 11 | | who suffered a service connected
disability that prevents the | 12 | | veteran from qualifying for civil service
employment shall be | 13 | | entitled to the same preference to which the veteran
would have | 14 | | been entitled under this Section.
| 15 | | (i) A preference shall also be given to the following | 16 | | individuals: 10
points for one parent of an unmarried veteran | 17 | | who suffered a service
connected death or a service connected | 18 | | disability that prevents the veteran
from qualifying for civil | 19 | | service employment. The first parent to receive a
civil service | 20 | | appointment shall be the parent entitled to the preference.
| 21 | | (j) The Department of Central Management Services shall | 22 | | adopt rules and
implement procedures to verify that any person | 23 | | seeking a preference under this
Section is entitled to the | 24 | | preference. A person seeking a preference under
this Section | 25 | | shall provide documentation or execute any consents or other
| 26 | | documents required by the Department of Central Management |
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| 1 | | Services or any
other State department or agency to enable the | 2 | | department or agency to verify
that the person is entitled to | 3 | | the preference.
| 4 | | (k) If an applicant claims to be a veteran, the Department | 5 | | of Central
Management Services must verify that status before | 6 | | granting a veteran
preference by requiring a certified copy of | 7 | | the applicant's most recent
DD214 (Certificate of Release or | 8 | | Discharge from Active Duty) or other evidence
of the | 9 | | applicant's most recent honorable discharge from the Armed | 10 | | Forces of the
United States that is determined to be acceptable | 11 | | by the Department of Central
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 | 14 | | becoming law.
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