State of Illinois
90th General Assembly

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[ House Amendment 001 ]


      20 ILCS 415/8b.7          from Ch. 127, par. 63b108b.7
          Amends the Personnel Code. Makes it a Class C misdemeanor
      to seek a veterans' preference to which one is not entitled.
 1        AN ACT to amend the Personnel Code  by  changing  Section
 2    8b.7.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Personnel Code  is  amended  by  changing
 6    Section 8b.7 as follows:
 7        (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
 8        Sec.  8b.7.  Veterans'  preference.   For the granting of
 9    appropriate preference in entrance examinations to  qualified
10    persons  who  have  been  members  of the armed forces of the
11    United States or to qualified persons who, while citizens  of
12    the United States, were members of the armed forces of allies
13    of  the  United  States in time of hostilities with a foreign
14    country, and to certain other persons as set  forth  in  this
15    Section.
16        (a)  As used in this Section:
17             (1)  "Time  of  hostilities  with a foreign country"
18        means any period of time in the past, present, or  future
19        during  which  a  declaration of war by the United States
20        Congress has been or is in  effect  or  during  which  an
21        emergency  condition  has  been  or  is in effect that is
22        recognized by the issuance of a Presidential proclamation
23        or a Presidential executive order and in which the  armed
24        forces  expeditionary  medal  or  other  campaign service
25        medals are awarded according  to  Presidential  executive
26        order.
27             (2)  "Armed  forces  of the United States" means the
28        United States Army, Navy, Air Force,  Marine  Corps,  and
29        Coast   Guard.   Service  in  the  Merchant  Marine  that
30        constitutes active duty  under  Section  401  of  federal
31        Public Law 95-202 shall also be considered service in the
                            -2-                LRB9000703PTcw
 1        Armed  Forces  of  the United States for purposes of this
 2        Section.
 3        (b)  The preference granted under this Section  shall  be
 4    in  the  form  of  points  added  to  the final grades of the
 5    persons if they otherwise qualify and are entitled to  appear
 6    on the list of those eligible for appointments.
 7        (c)  A veteran is qualified for a preference of 10 points
 8    if  the  veteran currently holds proof of a service connected
 9    disability from the  United  States  Department  of  Veterans
10    Affairs or an allied country or if the veteran is a recipient
11    of the Purple Heart.
12        (d)  A   veteran   who   has  served  during  a  time  of
13    hostilities  with  a  foreign  country  is  qualified  for  a
14    preference of 5 points if the veteran  served  under  one  or
15    more of the following conditions:
16             (1)  The  veteran  served  a  total  of  at  least 6
17        months, or
18             (2)  The  veteran  served  for   the   duration   of
19        hostilities regardless of the length of engagement, or
20             (3)  The  veteran  was  discharged  on  the basis of
21        hardship, or
22             (4)  The  veteran  was  released  from  active  duty
23        because  of  a  serve  connected   disability   and   was
24        discharged under honorable conditions.
25        (e)  A   person  not  eligible  for  a  preference  under
26    subsection (c) or (d) is qualified  for  a  preference  of  3
27    points  if  the  person has served in the armed forces of the
28    United States, the Illinois National Guard,  or  any  reserve
29    component  of  the  armed  forces of the United States if the
30    person: (1) served  for  at  least  6  months  and  has  been
31    discharged   under  honorable  conditions  or  (2)  has  been
32    discharged on the ground of hardship or (3) was released from
33    active duty because of a service  connected  disability.   An
34    active member of the National Guard or a reserve component of
                            -3-                LRB9000703PTcw
 1    the  armed  forces  of  the United States is eligible for the
 2    preference if the member meets the  service  requirements  of
 3    this subsection (e).
 4        (f)  The  rank  order of persons entitled to a preference
 5    on eligible lists shall be determined on the basis  of  their
 6    augmented  ratings.   When  the Director establishes eligible
 7    lists on the basis of category ratings  such  as  "superior",
 8    "excellent",  "well-qualified",  and "qualified", the veteran
 9    eligibles in  each  such  category  shall  be  preferred  for
10    appointment  before  the  non-veteran  eligibles  in the same
11    category.
12        (g)  Employees in positions  covered  by  jurisdiction  B
13    who,  while  in  good  standing,  leave to engage in military
14    service during a period of hostility, shall be  given  credit
15    for seniority purposes for time served in the armed forces.
16        (h)  A  surviving  unremarried  spouse  of  a veteran who
17    suffered a service connected death or the spouse of a veteran
18    who suffered a service connected disability that prevents the
19    veteran from qualifying for civil service employment shall be
20    entitled to the same preference to which  the  veteran  would
21    have been entitled under this Section.
22        (i)  A  preference  shall  also be given to the following
23    individuals:  10  points  for  one  parent  of  an  unmarried
24    veteran  who  suffered a service connected death or a service
25    connected  disability  that   prevents   the   veteran   from
26    qualifying for civil service employment.  The first parent to
27    receive  a  civil  service  appointment  shall  be the parent
28    entitled to the preference.
29        (j)  The Department of Central Management Services  shall
30    adopt  rules  and  implement  procedures  to  verify that any
31    person seeking a preference under this Section is entitled to
32    the preference.  A person seeking  a  preference  under  this
33    Section  shall  provide documentation or execute any consents
34    or other documents required  by  the  Department  of  Central
                            -4-                LRB9000703PTcw
 1    Management  Services  or any other State department or agency
 2    to enable the department or agency to verify that the  person
 3    is entitled to the preference. A person who knowingly seeks a
 4    preference  under  this  Section  to  which  he or she is not
 5    entitled is guilty of a Class C misdemeanor.
 6    (Source: P.A. 89-324, eff. 8-13-95; 89-626, eff. 8-9-96.)

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