Bill Text: IL HB3261 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Personnel Code. Provides that, for the purpose of veteran preferences, with respect to applicants for the position of Highway Maintainer, service in the Illinois National Guard or a reserve component of the United States Armed Forces is considered service in the Armed Forces of the United States regardless of whether or not the applicant was mobilized to active duty. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed) 2017-05-22 - Senate Floor Amendment No. 1 Assignments Refers to Veterans Affairs [HB3261 Detail]

Download: Illinois-2017-HB3261-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Personnel Code is amended by changing
5Section 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
8appropriate preference in entrance examinations to qualified
9veterans, persons who have been members of the armed forces of
10the United States or to qualified persons who, while citizens
11of the United States, were members of the armed forces of
12allies of the United States in time of hostilities with a
13foreign country, and to certain other persons as set forth in
14this 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 regardless of whether or not the person was mobilized to
12 active duty.
13 (b) The preference granted under this Section shall be in
14the form of points added to the final grades of the persons if
15they otherwise qualify and are entitled to appear on the list
16of those eligible for appointments.
17 (c) A veteran is qualified for a preference of 10 points if
18the veteran currently holds proof of a service connected
19disability from the United States Department of Veterans
20Affairs or an allied country or if the veteran is a recipient
21of the Purple Heart.
22 (d) A veteran who has served during a time of hostilities
23with a foreign country is qualified for a preference of 5
24points if the veteran served under one or more of the following
25conditions:
26 (1) The veteran served a total of at least 6 months, or

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1 (2) The veteran served for the duration of hostilities
2 regardless of the length of engagement, or
3 (3) The veteran was discharged on the basis of
4 hardship, or
5 (4) The veteran was released from active duty because
6 of a service connected disability and was discharged under
7 honorable conditions.
8 (e) A person not eligible for a preference under subsection
9(c) or (d) is qualified for a preference of 3 points if the
10person has served in the armed forces of the United States, the
11Illinois National Guard, or any reserve component of the armed
12forces of the United States if the person: (1) served for at
13least 6 months and has been discharged under honorable
14conditions or (2) has been discharged on the ground of hardship
15or (3) was released from active duty because of a service
16connected disability. A An active member of the National Guard
17or a reserve component of the armed forces of the United States
18is eligible for the preference if the member meets the service
19requirements of this subsection (e).
20 (f) The rank order of persons entitled to a preference on
21eligible lists shall be determined on the basis of their
22augmented ratings. When the Director establishes eligible
23lists on the basis of category ratings such as "superior",
24"excellent", "well-qualified", and "qualified", the veteran
25eligibles in each such category shall be preferred for
26appointment before the non-veteran eligibles in the same

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1category.
2 (g) Employees in positions covered by jurisdiction B who,
3while in good standing, leave to engage in military service
4during a period of hostility, shall be given credit for
5seniority purposes for time served in the armed forces.
6 (h) A surviving unremarried spouse of a veteran who
7suffered a service connected death or the spouse of a veteran
8who suffered a service connected disability that prevents the
9veteran from qualifying for civil service employment shall be
10entitled to the same preference to which the veteran would have
11been entitled under this Section.
12 (i) A preference shall also be given to the following
13individuals: 10 points for one parent of an unmarried veteran
14who suffered a service connected death or a service connected
15disability that prevents the veteran from qualifying for civil
16service employment. The first parent to receive a civil service
17appointment shall be the parent entitled to the preference.
18 (j) The Department of Central Management Services shall
19adopt rules and implement procedures to verify that any person
20seeking a preference under this Section is entitled to the
21preference. A person seeking a preference under this Section
22shall provide documentation or execute any consents or other
23documents required by the Department of Central Management
24Services or any other State department or agency to enable the
25department or agency to verify that the person is entitled to
26the preference.

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1 (k) If an applicant claims to be a veteran, the Department
2of Central Management Services must verify that status before
3granting a veteran preference by requiring a certified copy of
4the applicant's most recent DD214 (Certificate of Release or
5Discharge from Active Duty) or other evidence of the
6applicant's most recent honorable discharge from the Armed
7Forces of the United States that is determined to be acceptable
8by the Department of Central Management Services.
9(Source: P.A. 90-655, eff. 7-30-98; 91-481, eff. 1-1-00.)
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