97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5055

 

Introduced 2/7/2012, by Rep. David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 415/8b.7  from Ch. 127, par. 63b108b.7

    Amends the Personnel Code. Provides that a member of the Illinois National Guard who meets certain service requirements is qualified for a preference of 10 points in entrance examinations for the position of Highway Maintainer with the Department of Transportation.


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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,
3represented in the General Assembly:
 
4    Section 5. The Personnel Code is amended by changing
5Section 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
8appropriate preference in entrance examinations to qualified
9persons who have been members of the armed forces of the United
10States or to qualified persons who, while citizens of the
11United States, were members of the armed forces of allies of
12the United States in time of hostilities with a foreign
13country, and to certain other persons as set forth in this
14Section.
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
9the form of points added to the final grades of the persons if
10they otherwise qualify and are entitled to appear on the list
11of those eligible for appointments.
12    (c) A veteran is qualified for a preference of 10 points if
13the veteran currently holds proof of a service connected
14disability from the United States Department of Veterans
15Affairs or an allied country or if the veteran is a recipient
16of the Purple Heart.
17    (d) A veteran who has served during a time of hostilities
18with a foreign country is qualified for a preference of 5
19points if the veteran served under one or more of the following
20conditions:
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
5person has served in the armed forces of the United States, the
6Illinois National Guard, or any reserve component of the armed
7forces of the United States if the person: (1) served for at
8least 6 months and has been discharged under honorable
9conditions or (2) has been discharged on the ground of hardship
10or (3) was released from active duty because of a service
11connected disability. An active member of the National Guard or
12a reserve component of the armed forces of the United States is
13eligible for the preference if the member meets the service
14requirements of this subsection (e). A member of the Illinois
15National Guard who meets service requirements of this
16subsection (e) is qualified for a preference of 10 points in
17entrance examinations for the position of Highway Maintainer
18with the Illinois Department of Transportation
19    (f) The rank order of persons entitled to a preference on
20eligible lists shall be determined on the basis of their
21augmented ratings. When the Director establishes eligible
22lists on the basis of category ratings such as "superior",
23"excellent", "well-qualified", and "qualified", the veteran
24eligibles in each such category shall be preferred for
25appointment before the non-veteran eligibles in the same
26category.

 

 

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1    (g) Employees in positions covered by jurisdiction B who,
2while in good standing, leave to engage in military service
3during a period of hostility, shall be given credit for
4seniority purposes for time served in the armed forces.
5    (h) A surviving unremarried spouse of a veteran who
6suffered a service connected death or the spouse of a veteran
7who suffered a service connected disability that prevents the
8veteran from qualifying for civil service employment shall be
9entitled to the same preference to which the veteran would have
10been entitled under this Section.
11    (i) A preference shall also be given to the following
12individuals: 10 points for one parent of an unmarried veteran
13who suffered a service connected death or a service connected
14disability that prevents the veteran from qualifying for civil
15service employment. The first parent to receive a civil service
16appointment shall be the parent entitled to the preference.
17    (j) The Department of Central Management Services shall
18adopt rules and implement procedures to verify that any person
19seeking a preference under this Section is entitled to the
20preference. A person seeking a preference under this Section
21shall provide documentation or execute any consents or other
22documents required by the Department of Central Management
23Services or any other State department or agency to enable the
24department or agency to verify that the person is entitled to
25the preference.
26    (k) If an applicant claims to be a veteran, the Department

 

 

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1of Central Management Services must verify that status before
2granting a veteran preference by requiring a certified copy of
3the applicant's most recent DD214 (Certificate of Release or
4Discharge from Active Duty) or other evidence of the
5applicant's most recent honorable discharge from the Armed
6Forces of the United States that is determined to be acceptable
7by the Department of Central Management Services.
8(Source: P.A. 90-655, eff. 7-30-98; 91-481, eff. 1-1-00.)