State of Illinois
90th General Assembly
Legislation

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[ House Amendment 001 ]

90_HB0031

      20 ILCS 415/8b.7          from Ch. 127, par. 63b108b.7
          Amends the Personnel Code.  Requires  the  Department  of
      Central  Management Services to verify with the Department of
      Veterans' Affairs an applicant's claim that the applicant  is
      a United States Veteran.
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 1        AN  ACT  to  amend  the  Personnel  Code  of  Illinois by
 2    changing Section 8b.7.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Personnel Code of Illinois is amended by
 6    changing Section 8b.7 as follows:
 7        (20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)
 8        Sec. 8b.7. For the granting of appropriate preference  in
 9    entrance  examinations  to  qualified  persons  who have been
10    members of the armed  forces  of  the  United  States  or  to
11    qualified  persons  who, while citizens of the United States,
12    were members of the armed forces  of  allies  of  the  United
13    States  in time of hostilities with a foreign country, and to
14    certain other persons as set forth in this Section.
15        (a)  As used in this Section:
16             (1)  "Time of hostilities with  a  foreign  country"
17        means  any period of time in the past, present, or future
18        during which a declaration of war by  the  United  States
19        Congress  has  been  or  is  in effect or during which an
20        emergency condition has been or  is  in  effect  that  is
21        recognized by the issuance of a Presidential proclamation
22        or  a Presidential executive order and in which the armed
23        forces expeditionary  medal  or  other  campaign  service
24        medals  are  awarded  according to Presidential executive
25        order.
26             (2)  "Armed forces of the United States"  means  the
27        United  States  Army,  Navy, Air Force, Marine Corps, and
28        Coast  Guard.   Service  in  the  Merchant  Marine   that
29        constitutes  active  duty  under  Section  401 of federal
30        Public Law 95-202 shall also be considered service in the
31        Armed Forces of the United States for  purposes  of  this
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 1        Section.
 2        (b)  The  preference  granted under this Section shall be
 3    in the form of points  added  to  the  final  grades  of  the
 4    persons  if they otherwise qualify and are entitled to appear
 5    on the list of those eligible for appointments.
 6        (c)  A veteran is qualified for a preference of 10 points
 7    if 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.
11        (d)  A  veteran  who  has  served  during   a   time   of
12    hostilities  with  a  foreign  country  is  qualified  for  a
13    preference  of  5  points  if the veteran served under one or
14    more of the following conditions:
15             (1)  The veteran  served  a  total  of  at  least  6
16        months, or
17             (2)  The   veteran   served   for  the  duration  of
18        hostilities regardless of the length of engagement, or
19             (3)  The veteran was  discharged  on  the  basis  of
20        hardship, or
21             (4)  The  veteran  was  released  from  active  duty
22        because   of   a   serve  connected  disability  and  was
23        discharged under honorable conditions.
24        (e)  A  person  not  eligible  for  a  preference   under
25    subsection  (c)  or  (d)  is  qualified for a preference of 3
26    points if the person has served in the armed  forces  of  the
27    United  States,  the  Illinois National Guard, or any reserve
28    component of the armed forces of the  United  States  if  the
29    person:  (1)  served  for  at  least  6  months  and has been
30    discharged  under  honorable  conditions  or  (2)  has   been
31    discharged on the ground of hardship or (3) was released from
32    active  duty  because  of a service connected disability.  An
33    active member of the National Guard or a reserve component of
34    the armed forces of the United States  is  eligible  for  the
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 1    preference  if  the  member meets the service requirements of
 2    this subsection (e).
 3        (f)  The rank order of persons entitled to  a  preference
 4    on  eligible  lists shall be determined on the basis of their
 5    augmented ratings.  When the  Director  establishes  eligible
 6    lists  on  the  basis of category ratings such as "superior",
 7    "excellent", "well-qualified", and "qualified",  the  veteran
 8    eligibles  in  each  such  category  shall  be  preferred for
 9    appointment before the  non-veteran  eligibles  in  the  same
10    category.
11        (g)  Employees  in  positions  covered  by jurisdiction B
12    who, while in good standing,  leave  to  engage  in  military
13    service  during  a period of hostility, shall be given credit
14    for seniority purposes for time served in the armed forces.
15        (h)  A surviving unremarried  spouse  of  a  veteran  who
16    suffered a service connected death or the spouse of a veteran
17    who suffered a service connected disability that prevents the
18    veteran from qualifying for civil service employment shall be
19    entitled  to  the  same preference to which the veteran would
20    have been entitled under this Section.
21        (i)  A preference shall also be given  to  the  following
22    individuals:   10  points  for  one  parent  of  an unmarried
23    veteran who suffered a service connected death or  a  service
24    connected   disability   that   prevents   the  veteran  from
25    qualifying for civil service employment.  The first parent to
26    receive a civil  service  appointment  shall  be  the  parent
27    entitled to the preference.
28        (j)  The  Department of Central Management Services shall
29    adopt rules and  implement  procedures  to  verify  that  any
30    person seeking a preference under this Section is entitled to
31    the  preference.   A  person  seeking a preference under this
32    Section shall provide documentation or execute  any  consents
33    or  other  documents  required  by  the Department of Central
34    Management Services or any other State department  or  agency
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 1    to  enable the department or agency to verify that the person
 2    is entitled to the preference.
 3        (k)  If  an  applicant  claims  to  be  a  veteran,   the
 4    Department  of  Central  Management Services must verify that
 5    status with the Department of Veterans' Affairs.
 6    (Source: P.A. 89-324, eff. 8-13-95; 89-626, eff. 8-9-96.)

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