Rep. LaShawn K. Ford
Filed: 4/15/2008
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1 | AMENDMENT TO HOUSE BILL 4612
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2 | AMENDMENT NO. ______. Amend House Bill 4612, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the State | ||||||
6 | Employment Application Act. | ||||||
7 | Section 5. Definition. In this Act: | ||||||
8 | "Application for State employment" means a written or | ||||||
9 | electronic form submitted by an applicant who is seeking | ||||||
10 | employment with a State agency. | ||||||
11 | "Violent offense" means an offense that is a violent crime | ||||||
12 | as defined in the Rights of Crime Victims and Witnesses Act. | ||||||
13 | "State agency" has the meaning ascribed to it in Section | ||||||
14 | 1-7 of the Illinois State Auditing Act.
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15 | Section 10. State employment application; required |
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1 | question. Subject to the exception set out in Section 15 of | ||||||
2 | this Act, an application for State employment may not contain | ||||||
3 | any question as to whether the applicant was convicted of or | ||||||
4 | placed on supervision for a non-violent criminal offense but | ||||||
5 | must contain a question as to whether the applicant for State | ||||||
6 | employment has ever been convicted of a violent offense that is | ||||||
7 | classified as a felony. | ||||||
8 | Section 15. Criminal background checks permitted. Nothing | ||||||
9 | in this Act shall be construed to prohibit a State agency from | ||||||
10 | conducting a criminal background check of an applicant for | ||||||
11 | State employment. | ||||||
12 | Section 20. Application of federal or State law. If a | ||||||
13 | federal or State law disqualifies a person convicted of certain | ||||||
14 | offenses from holding a position, an application for that | ||||||
15 | position may inquire as to whether the applicant has been | ||||||
16 | convicted of a disqualifying offense. If an applicant is | ||||||
17 | applying for a position of peace officer as defined in Section | ||||||
18 | 2-13 of the Criminal Code of 1961, an application for that | ||||||
19 | position may inquire as to whether the applicant has been | ||||||
20 | convicted of a disqualifying offense. | ||||||
21 | Section 25. Refusal to hire for conviction of a criminal | ||||||
22 | offense. Nothing in this Act prohibits a decision to refuse to | ||||||
23 | hire on the basis that the applicant has been convicted of a |
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1 | criminal offense. | ||||||
2 | Section 30. No rule making authority. Notwithstanding any | ||||||
3 | other rulemaking authority that may exist, neither the Governor | ||||||
4 | nor any agency or agency head under the jurisdiction of the | ||||||
5 | Governor has any authority to make or promulgate rules to | ||||||
6 | implement or enforce the provisions of this Act. If, however, | ||||||
7 | the Governor believes that rules are necessary to implement or | ||||||
8 | enforce the provisions of this Act, the Governor may suggest | ||||||
9 | rules to the General Assembly by filing them with the Clerk of | ||||||
10 | the House and the Secretary of the Senate and by requesting | ||||||
11 | that the General Assembly authorize such rulemaking by law, | ||||||
12 | enact those suggested rules into law, or take any other | ||||||
13 | appropriate action in the General Assembly's discretion. | ||||||
14 | Nothing contained in this Act shall be interpreted to grant | ||||||
15 | rulemaking authority under any other Illinois statute where | ||||||
16 | such authority is not otherwise explicitly given. For the | ||||||
17 | purposes of this Section, "rules" is given the meaning | ||||||
18 | contained in Section 1-70 of the Illinois Administrative | ||||||
19 | Procedure Act, and "agency" and "agency head" are given the | ||||||
20 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
21 | Administrative Procedure Act to the extent that such | ||||||
22 | definitions apply to agencies or agency heads under the | ||||||
23 | jurisdiction of the Governor. | ||||||
24 | Section 90. The Personnel Code is amended by changing |
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1 | Section 8b.7 as follows:
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2 | (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
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3 | Sec. 8b.7. Veteran preference. For the granting of | ||||||
4 | appropriate
preference in entrance examinations to qualified | ||||||
5 | persons who have been members
of the armed forces of the United | ||||||
6 | States or to qualified persons who, while
citizens of the | ||||||
7 | United States, were members of the armed forces of allies of
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8 | the United States in time of hostilities with a foreign | ||||||
9 | country, and to certain
other persons as set forth in this | ||||||
10 | Section.
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11 | (a) As used in this Section:
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12 | (1) "Time of hostilities with a foreign country" means | ||||||
13 | any period of
time in the past, present, or future during | ||||||
14 | which a declaration of war by
the United States Congress | ||||||
15 | has been or is in effect or during which an
emergency | ||||||
16 | condition has been or is in effect that is recognized by | ||||||
17 | the
issuance of a Presidential proclamation or a | ||||||
18 | Presidential executive order
and in which the armed forces | ||||||
19 | expeditionary medal or other campaign service
medals are | ||||||
20 | awarded according to Presidential executive order.
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21 | (2) "Armed forces of the United States" means the | ||||||
22 | United States Army,
Navy, Air Force, Marine Corps, and | ||||||
23 | Coast Guard. Service in the Merchant
Marine that | ||||||
24 | constitutes active duty under Section 401 of federal Public | ||||||
25 | Law
95-202 shall also be considered service in the Armed |
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1 | Forces of the United
States for purposes of this Section.
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2 | (b) The preference granted under this Section shall be in | ||||||
3 | the form of points
added to the final grades of the persons if | ||||||
4 | they otherwise qualify and are
entitled to appear on the list | ||||||
5 | of those eligible for appointments.
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6 | (c) A veteran is qualified for a preference of 10 points if | ||||||
7 | the veteran
currently holds proof of a service connected | ||||||
8 | disability from the United
States Department of Veterans | ||||||
9 | Affairs or an allied country or if the
veteran is a recipient | ||||||
10 | of the Purple Heart.
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11 | (d) A veteran who has served during a time of hostilities | ||||||
12 | with a foreign
country is qualified for a preference of 5 | ||||||
13 | points if the veteran served
under one or more of the following | ||||||
14 | conditions:
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15 | (1) The veteran served a total of at least 6 months, or
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16 | (2) The veteran served for the duration of hostilities | ||||||
17 | regardless of
the length of engagement, or
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18 | (3) The veteran was discharged on the basis of | ||||||
19 | hardship, or
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20 | (4) The veteran was released from active duty because | ||||||
21 | of a service connected disability and was discharged under | ||||||
22 | honorable conditions.
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23 | (d-5) A veteran who has served during Operation Enduring | ||||||
24 | Freedom or Operation Iraqi Freedom in a combat area covered by | ||||||
25 | those hostilities as declared by the President of the United | ||||||
26 | States is qualified for a preference of 2 points in addition to |
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1 | the points prescribed in subsections (c) and (d) if the veteran | ||||||
2 | served
under one or more of the following conditions: | ||||||
3 | (1) The veteran served a total of at least 6 months, or | ||||||
4 | (2) The veteran served for the duration of hostilities | ||||||
5 | regardless of
the length of engagement, or | ||||||
6 | (3) The veteran was discharged on the basis of | ||||||
7 | hardship, or | ||||||
8 | (4) The veteran was released from active duty because | ||||||
9 | of a service connected disability and was discharged under | ||||||
10 | honorable conditions. | ||||||
11 | (e) A person not eligible for a preference under subsection | ||||||
12 | (c) , or (d) , or (d-5)
is qualified for a preference of 3 points | ||||||
13 | if the person has served in the
armed forces of the United | ||||||
14 | States, the Illinois National Guard, or any
reserve component | ||||||
15 | of the armed forces of the United States if the person:
(1) | ||||||
16 | served for at least 6 months and has been discharged under | ||||||
17 | honorable
conditions or (2) has been discharged on the ground | ||||||
18 | of hardship or (3) was
released from active duty because of a | ||||||
19 | service connected disability. An
active member of the National | ||||||
20 | Guard or a reserve component of the armed
forces of the United | ||||||
21 | States is eligible for the preference if the member
meets the | ||||||
22 | service requirements of this subsection (e).
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23 | (f) The rank order of persons entitled to a preference on | ||||||
24 | eligible lists
shall be determined on the basis of their | ||||||
25 | augmented ratings. When the
Director establishes eligible | ||||||
26 | lists on the basis of category ratings such as
"superior", |
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1 | "excellent", "well-qualified", and "qualified", the veteran
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2 | eligibles in each such category shall be preferred for | ||||||
3 | appointment before the
non-veteran eligibles in the same | ||||||
4 | category.
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5 | (g) Employees in positions covered by jurisdiction B who, | ||||||
6 | while in good
standing, leave to engage in military service | ||||||
7 | during a period of hostility,
shall be given credit for | ||||||
8 | seniority purposes for time served in the armed
forces.
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9 | (h) A surviving unremarried spouse of a veteran who | ||||||
10 | suffered a service
connected death or the spouse of a veteran | ||||||
11 | who suffered a service connected
disability that prevents the | ||||||
12 | veteran from qualifying for civil service
employment shall be | ||||||
13 | entitled to the same preference to which the veteran
would have | ||||||
14 | been entitled under this Section.
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15 | (i) A preference shall also be given to the following | ||||||
16 | individuals: 10
points for one parent of an unmarried veteran | ||||||
17 | who suffered a service
connected death or a service connected | ||||||
18 | disability that prevents the veteran
from qualifying for civil | ||||||
19 | service employment. The first parent to receive a
civil service | ||||||
20 | appointment shall be the parent entitled to the preference.
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21 | (j) The Department of Central Management Services shall | ||||||
22 | adopt rules and
implement procedures to verify that any person | ||||||
23 | seeking a preference under this
Section is entitled to the | ||||||
24 | preference. A person seeking a preference under
this Section | ||||||
25 | shall provide documentation or execute any consents or other
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26 | documents required by the Department of Central Management |
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1 | Services or any
other State department or agency to enable the | ||||||
2 | department or agency to verify
that the person is entitled to | ||||||
3 | the preference.
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4 | (k) If an applicant claims to be a veteran, the Department | ||||||
5 | of Central
Management Services must verify that status before | ||||||
6 | granting a veteran
preference by requiring a certified copy of | ||||||
7 | the applicant's most recent
DD214 (Certificate of Release or | ||||||
8 | Discharge from Active Duty) or other evidence
of the | ||||||
9 | applicant's most recent honorable discharge from the Armed | ||||||
10 | Forces of the
United States that is determined to be acceptable | ||||||
11 | by the Department of Central
Management Services.
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12 | (l) Notwithstanding any other rulemaking authority that | ||||||
13 | may exist, neither the Governor nor any agency or agency head | ||||||
14 | under the jurisdiction of the Governor has any authority to | ||||||
15 | make or promulgate rules to implement or enforce the provisions | ||||||
16 | of this amendatory Act of the 95th General Assembly. If, | ||||||
17 | however, the Governor believes that rules are necessary to | ||||||
18 | implement or enforce the provisions of this amendatory Act of | ||||||
19 | the 95th General Assembly, the Governor may suggest rules to | ||||||
20 | the General Assembly by filing them with the Clerk of the House | ||||||
21 | and the Secretary of the Senate and by requesting that the | ||||||
22 | General Assembly authorize such rulemaking by law, enact those | ||||||
23 | suggested rules into law, or take any other appropriate action | ||||||
24 | in the General Assembly's discretion. Nothing contained in this | ||||||
25 | amendatory Act of the 95th General Assembly shall be | ||||||
26 | interpreted to grant rulemaking authority under any other |
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1 | Illinois statute where such authority is not otherwise | ||||||
2 | explicitly given. For the purposes of this Section, "rules" is | ||||||
3 | given the meaning contained in Section 1-70 of the Illinois | ||||||
4 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
5 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
6 | the Illinois Administrative Procedure Act to the extent that | ||||||
7 | such definitions apply to agencies or agency heads under the | ||||||
8 | jurisdiction of the Governor. | ||||||
9 | (Source: P.A. 90-655, eff. 7-30-98; 91-481, eff. 1-1-00.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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