Public Act 100-0496

HB3261 Enrolled LRB100 10131 HLH 20307 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Personnel Code is amended by changing

Section 8b.7 as follows:

(20 ILCS 415/8b.7) (from Ch. 127, par. 63b108b.7)

Sec. 8b.7. Veteran preference. For the granting of

appropriate preference in entrance examinations to qualified

veterans, persons who have been members of the armed forces of

the United States or to qualified persons who, while citizens

of the United States, were members of the armed forces of

allies of the United States in time of hostilities with a

foreign country, and to certain other persons as set forth in

this Section.

(a) As used in this Section:

(1) "Time of hostilities with a foreign country" means

any period of time in the past, present, or future during

which a declaration of war by the United States Congress

has been or is in effect or during which an emergency

condition has been or is in effect that is recognized by

the issuance of a Presidential proclamation or a

Presidential executive order and in which the armed forces

expeditionary medal or other campaign service medals are

awarded according to Presidential executive order.

(2) "Armed forces of the United States" means the

United States Army, Navy, Air Force, Marine Corps, and

Coast Guard. Service in the Merchant Marine that

constitutes active duty under Section 401 of federal Public

Law 95-202 shall also be considered service in the Armed

Forces of the United States for purposes of this Section.

(3) "Veteran" means a member of the armed forces of the

United States, the Illinois National Guard, or a reserve

component of the armed forces of the United States.

(b) The preference granted under this Section shall be in

the form of points added to the final grades of the persons if

they otherwise qualify and are entitled to appear on the list

of those eligible for appointments.

(c) A veteran is qualified for a preference of 10 points if

the veteran currently holds proof of a service connected

disability from the United States Department of Veterans

Affairs or an allied country or if the veteran is a recipient

of the Purple Heart.

(d) A veteran who has served during a time of hostilities

with a foreign country is qualified for a preference of 5

points if the veteran served under one or more of the following

conditions:

(1) The veteran served a total of at least 6 months, or

(2) The veteran served for the duration of hostilities

regardless of the length of engagement, or

(3) The veteran was discharged on the basis of

hardship, or

(4) The veteran was released from active duty because

of a service connected disability and was discharged under

honorable conditions.

(e) A person not eligible for a preference under subsection

(c) or (d) is qualified for a preference of 3 points if the

person has served in the armed forces of the United States, the

Illinois National Guard, or any reserve component of the armed

forces of the United States if the person: (1) served for at

least 6 months and has been discharged under honorable

conditions; or (2) has been discharged on the ground of

hardship; or (3) was released from active duty because of a

service connected disability; or (4) served a minimum of 4

years in the Illinois National Guard or reserve component of

the armed forces of the United States regardless of whether or

not the person was mobilized to active duty. An active member

of the National Guard or a reserve component of the armed

forces of the United States is eligible for the preference if

the member meets the service requirements of this subsection

(e).

(f) The rank order of persons entitled to a preference on

eligible lists shall be determined on the basis of their

augmented ratings. When the Director establishes eligible

lists on the basis of category ratings such as "superior",

"excellent", "well-qualified", and "qualified", the veteran

eligibles in each such category shall be preferred for

appointment before the non-veteran eligibles in the same

category.

(g) Employees in positions covered by jurisdiction B who,

while in good standing, leave to engage in military service

during a period of hostility, shall be given credit for

seniority purposes for time served in the armed forces.

(h) A surviving unremarried spouse of a veteran who

suffered a service connected death or the spouse of a veteran

who suffered a service connected disability that prevents the

veteran from qualifying for civil service employment shall be

entitled to the same preference to which the veteran would have

been entitled under this Section.

(i) A preference shall also be given to the following

individuals: 10 points for one parent of an unmarried veteran

who suffered a service connected death or a service connected

disability that prevents the veteran from qualifying for civil

service employment. The first parent to receive a civil service

appointment shall be the parent entitled to the preference.

(j) The Department of Central Management Services shall

adopt rules and implement procedures to verify that any person

seeking a preference under this Section is entitled to the

preference. A person seeking a preference under this Section

shall provide documentation or execute any consents or other

documents required by the Department of Central Management

Services or any other State department or agency to enable the

department or agency to verify that the person is entitled to

the preference.

(k) If an applicant claims to be a veteran, the Department

of Central Management Services must verify that status before

granting a veteran preference by requiring a certified copy of

the applicant's most recent DD214 (Certificate of Release or

Discharge from Active Duty), NGB-22 (Proof of National Guard

Service), or other evidence of the applicant's most recent

honorable discharge from the Armed Forces of the United States

that is determined to be acceptable by the Department of

Central Management Services.

(Source: P.A. 90-655, eff. 7-30-98; 91-481, eff. 1-1-00.)