Full Text of HB3261 100th General Assembly
HB3261enr 100TH GENERAL ASSEMBLY |
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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 | | veterans, persons who have been members
of the armed forces of | 10 | | the United States or to qualified persons who, while
citizens | 11 | | of the United States, were members of the armed forces of | 12 | | allies of
the United States in time of hostilities with a | 13 | | foreign country, and to certain
other persons as set forth in | 14 | | this 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 | | (3) "Veteran" means a member of the armed forces of the | 9 | | United States, the Illinois National Guard, or a reserve | 10 | | component of the armed forces of the United States. | 11 | | (b) The preference granted under this Section shall be in | 12 | | the form of points
added to the final grades of the persons if | 13 | | they otherwise qualify and are
entitled to appear on the list | 14 | | of those eligible for appointments.
| 15 | | (c) A veteran is qualified for a preference of 10 points if | 16 | | the veteran
currently holds proof of a service connected | 17 | | disability from the United
States Department of Veterans | 18 | | Affairs or an allied country or if the
veteran is a recipient | 19 | | of the Purple Heart.
| 20 | | (d) A veteran who has served during a time of hostilities | 21 | | with a foreign
country is qualified for a preference of 5 | 22 | | points if the veteran served
under one or more of the following | 23 | | conditions:
| 24 | | (1) The veteran served a total of at least 6 months, or
| 25 | | (2) The veteran served for the duration of hostilities | 26 | | regardless of
the length of engagement, or
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| 1 | | (3) The veteran was discharged on the basis of | 2 | | hardship, or
| 3 | | (4) The veteran was released from active duty because | 4 | | of a service connected disability and was discharged under | 5 | | honorable conditions.
| 6 | | (e) A person not eligible for a preference under subsection | 7 | | (c) or (d)
is qualified for a preference of 3 points if the | 8 | | person has served in the
armed forces of the United States, the | 9 | | Illinois National Guard, or any
reserve component of the armed | 10 | | forces of the United States if the person:
(1) served for at | 11 | | least 6 months and has been discharged under honorable
| 12 | | conditions ; or (2) has been discharged on the ground of | 13 | | hardship ; or (3) was
released from active duty because of a | 14 | | service connected disability ; or (4) served a minimum of 4 | 15 | | years in the Illinois National Guard or reserve component of | 16 | | the armed forces of the United States regardless of whether or | 17 | | not the person was mobilized to active duty . An
active member | 18 | | of the National Guard or a reserve component of the armed
| 19 | | forces of the United States is eligible for the preference if | 20 | | the member
meets the service requirements of this subsection | 21 | | (e).
| 22 | | (f) The rank order of persons entitled to a preference on | 23 | | eligible lists
shall be determined on the basis of their | 24 | | augmented ratings. When the
Director establishes eligible | 25 | | lists on the basis of category ratings such as
"superior", | 26 | | "excellent", "well-qualified", and "qualified", the veteran
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| 1 | | eligibles in each such category shall be preferred for | 2 | | appointment before the
non-veteran eligibles in the same | 3 | | category.
| 4 | | (g) Employees in positions covered by jurisdiction B who, | 5 | | while in good
standing, leave to engage in military service | 6 | | during a period of hostility,
shall be given credit for | 7 | | seniority purposes for time served in the armed
forces.
| 8 | | (h) A surviving unremarried spouse of a veteran who | 9 | | suffered a service
connected death or the spouse of a veteran | 10 | | who suffered a service connected
disability that prevents the | 11 | | veteran from qualifying for civil service
employment shall be | 12 | | entitled to the same preference to which the veteran
would have | 13 | | been entitled under this Section.
| 14 | | (i) A preference shall also be given to the following | 15 | | individuals: 10
points for one parent of an unmarried veteran | 16 | | who suffered a service
connected death or a service connected | 17 | | disability that prevents the veteran
from qualifying for civil | 18 | | service employment. The first parent to receive a
civil service | 19 | | appointment shall be the parent entitled to the preference.
| 20 | | (j) The Department of Central Management Services shall | 21 | | adopt rules and
implement procedures to verify that any person | 22 | | seeking a preference under this
Section is entitled to the | 23 | | preference. A person seeking a preference under
this Section | 24 | | shall provide documentation or execute any consents or other
| 25 | | documents required by the Department of Central Management | 26 | | Services or any
other State department or agency to enable the |
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| 1 | | department or agency to verify
that the person is entitled to | 2 | | the preference.
| 3 | | (k) If an applicant claims to be a veteran, the Department | 4 | | of Central
Management Services must verify that status before | 5 | | granting a veteran
preference by requiring a certified copy of | 6 | | the applicant's most recent
DD214 (Certificate of Release or | 7 | | Discharge from Active Duty) , NGB-22 (Proof of National Guard | 8 | | Service), or other evidence
of the applicant's most recent | 9 | | honorable discharge from the Armed Forces of the
United States | 10 | | that is determined to be acceptable by the Department of | 11 | | 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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