State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_HB0107eng

 
HB0107 Engrossed                               LRB9100779PTpk

 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.  Veteran  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
 
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 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  service  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
 
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 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
 
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 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.
 4        (k)  If  an  applicant  claims  to  be  a  veteran,   the
 5    Department  of  Central  Management Services must verify that
 6    status before granting a veteran preference  by  requiring  a
 7    certified  copy  of the applicant's most recent DD214, report
 8    of separation from active  duty,  discharge  certificate,  or
 9    other  evidence of the applicant's most recent discharge from
10    the Armed Forces of the United States.
11    (Source: P.A. 89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;
12    90-655, eff. 7-30-98.)

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