Bill Text: IL HB0849 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Municipal Code. In a Section concerning veterans' preference, provides that "active duty military or naval service of the United States" includes training at a service school that is ordered pursuant to certain provisions of federal law.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2009-07-27 - Public Act . . . . . . . . . 96-0083 [HB0849 Detail]

Download: Illinois-2009-HB0849-Enrolled.html

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HB0849 Enrolled LRB096 03137 RLJ 13153 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 10-1-16 and 10-2.1-8 as follows:
(65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)
Sec. 10-1-16. Veteran's preference. Persons who were
engaged in the active military or naval service of the United
States for a period of at least one year and who were honorably
discharged therefrom and all persons who were engaged in such
military or naval service who are now or may hereafter be on
inactive or reserve duty in such military or naval service, not
including, however, persons who were convicted by
court-martial of disobedience of orders, where such
disobedience consisted in the refusal to perform military
service on the ground of alleged religious or conscientious
objections against war, shall be preferred for appointments to
civil offices, positions, and places of employment in the
classified service of any municipality coming under the
provisions of this Division 1, provided they are found to
possess the business capacity necessary for the proper
discharge of the duties of such office, position, or place of
employment as determined by examination. For purposes of this

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Section, if a person has been deployed, then "active duty
military or naval service of the United States" includes
training and service school attendance, as defined in 10 U.S.C.
101(d), which is ordered pursuant to 10 U.S.C. 12301(d).
The civil service commission shall give preference points
for original appointment to qualified veterans whose names
appear on any register of eligibles resulting from an
examination for original entrance in the classified service of
any municipality coming under the provisions of this Division 1
by adding to the final grade average that they receive or will
receive as the result of any examination held for original
entrance, 5 points. The numerical result thus attained shall be
applied by the civil service commission in determining the
position of those persons on any eligibility list that has been
created as the result of any examination for original entrance
for purposes of preference in certification and appointment
from that eligibility list. Persons who were engaged in the
active military or naval service of the United States for a
period of at least one year and who were honorably discharged
therefrom or who are now or who may hereafter be on inactive or
reserve duty in such military or naval service, not including,
however, persons who were convicted by court martial of
disobedience of orders where such disobedience consisted in the
refusal to perform military service on the ground of alleged
religious or conscientious objections against war, and whose
names appear on existing promotional eligible registers or any

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promotional eligible register that may hereafter be created, as
provided for by this Division 1, shall be preferred for
promotional appointment to civil offices, positions and places
of employment in the classified civil service of any
municipality coming under the provisions of this Division 1.
The civil service commission shall give preference for
promotional appointment to persons as hereinabove designated
whose names appear on existing promotional eligible registers
or promotional eligible registers that may hereafter be created
by adding to the final grade average which they received or
will receive as the result of any promotional examination
seven-tenths of one point for each 6 months or fraction thereof
of active military or naval service not exceeding 30 months.
The numerical result thus attained shall be applied by the
civil service commission in determining the position of such
persons on any eligible list which has been created or will be
created as the result of any promotional examination held
hereunder for purposes of preference in certification and
appointment from such eligible list.
No person shall receive the preference for a promotional
appointment granted by this Section after he or she has
received one promotion from an eligible list on which he or she
was allowed such preference.
No person entitled to preference or credit for military or
naval service hereunder shall be required to furnish evidence
or record of honorable discharge from the armed forces before

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the publication or posting of any eligible register or list
resulting from the examination. Such preference shall be given
after the posting or publication of any eligible list or
register resulting from such examination and before any
certifications or appointments are made from such list or
register.
(Source: P.A. 94-483, eff. 8-8-05.)
(65 ILCS 5/10-2.1-8) (from Ch. 24, par. 10-2.1-8)
Sec. 10-2.1-8. Veteran's and educational preference.
Persons who have successfully obtained an associate's degree in
the field of law enforcement, criminal justice, fire service,
or emergency medical services, or a bachelor's degree from an
accredited college or university; persons who have been awarded
a certificate attesting to the successful completion of the
Minimum Standards Basic Law Enforcement Training Course as
provided in the Illinois Police Training Act and are currently
serving as a law enforcement officer on a part-time or
full-time basis within the State of Illinois; and persons who
were engaged in the active military or naval service of the
United States for a period of at least one year and who were
honorably discharged therefrom, or who are now or may hereafter
be on inactive or reserve duty in such military or naval
service (not including, however, in the case of offices,
positions and places of employment in the police department,
persons who were convicted by court-martial of disobedience of

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orders, where such disobedience consisted in the refusal to
perform military service on the ground of religious or
conscientious objections against war) shall be preferred for
appointments to offices, positions, and places of employment in
the fire and police departments of the municipality coming
under the provisions of this Division 2.1. For purposes of this
Section, if a person has been deployed, then "active duty
military or naval service of the United States" includes
training and service school attendance, as defined in 10 U.S.C.
101(d), which is ordered pursuant to 10 U.S.C. 12301(d). The
preference points awarded under this Section shall not be
cumulative.
This amendatory Act of 1973 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 90-445, eff. 8-16-97.)