Public Act 100-0826
 
HB4288 EnrolledLRB100 16915 MJP 32057 b

    AN ACT concerning military service.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Veterans Preference Act is amended by
changing Section 1 as follows:
 
    (330 ILCS 55/1)  (from Ch. 126 1/2, par. 23)
    Sec. 1. Veterans preference.
    (a) In the employment and appointment to fill positions in
the construction, addition to, or alteration of all public
works undertaken or contracted for by the State, or by any
political subdivision thereof, preference shall be given to
persons who have been members of the armed forces of the United
States or who, while citizens of the United States, were
members of the armed forces of allies of the United States in
time of hostilities with a foreign country, and have served
under one or more of the following conditions:
        (1) The veteran served a total of at least 6 months, or
        (2) The veteran served for the duration of hostilities
    regardless of the length of engagement, or
        (3) The veteran served in the theater of operations but
    was discharged on the basis of a hardship, or
        (4) The veteran was released from active duty because
    of a service connected disability and was honorably
    discharged. But such preference shall be given only to
    those persons who are found to possess the business
    capacity necessary for the proper discharge of the duties
    of such employment. No political subdivision or person
    contracting for such public works is required to give
    preference to veterans, not residents of such district,
    over residents thereof, who are not veterans.
    For the purposes of this Section, a person who has been a
member of the Illinois National Guard shall be given priority
over a person who has been a member of the National Guard of
any other state.
    (b) As used in this Section:
    "Time of hostilities with a foreign country" means any
period of time in the past, present, or future during which a
declaration of war by the United States Congress has been or is
in effect or during which an emergency condition has been or is
in effect that is recognized by the issuance of a Presidential
proclamation or a Presidential executive order and in which the
armed forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive order.
    "Armed forces of the United States" means the United States
Army, Navy, Air Force, Marine Corps, or Coast Guard, United
States Reserve Forces, or the Illinois National Guard of any
state. Service in the Merchant Marine that constitutes active
duty under Section 401 of federal Public Law 95-202 shall also
be considered service in the Armed Forces of the United States
for purposes of this Section.
(Source: P.A. 95-566, eff. 8-31-07.)