Full Text of HB4612 95th General Assembly
HB4612ham002 95TH GENERAL ASSEMBLY
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Rep. LaShawn K. Ford
Filed: 4/15/2008
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09500HB4612ham002 |
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LRB095 15585 RLC 49584 a |
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| AMENDMENT TO HOUSE BILL 4612
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| AMENDMENT NO. ______. Amend House Bill 4612, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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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| Section 10. State employment application; required |
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| 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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| 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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| Section 8b.7 as follows:
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| (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
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| 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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| 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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| (a) As used in this Section:
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| (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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| (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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| Forces of the United
States for purposes of this Section.
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| (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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| (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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| (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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| (1) The veteran served a total of at least 6 months, or
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| (2) The veteran served for the duration of hostilities | 17 |
| regardless of
the length of engagement, or
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| (3) The veteran was discharged on the basis of | 19 |
| hardship, or
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| (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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| (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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| 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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| (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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| "excellent", "well-qualified", and "qualified", the veteran
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| 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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| (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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| (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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| (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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| (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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| documents required by the Department of Central Management |
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| 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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| (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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| (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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LRB095 15585 RLC 49584 a |
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| 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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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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