Bill Text: IL SB0040 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Fire Department Promotion Act, the Counties Code, and the Illinois Municipal Code. Removes restrictions on the availability to receive a veteran's preference promotion if the person has already received a promotion from based on a veteran's preference. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-04-12 - Rule 3-9(a) / Re-referred to Assignments [SB0040 Detail]

Download: Illinois-2019-SB0040-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0040

Introduced 1/10/2019, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:
50 ILCS 742/55
55 ILCS 5/3-14021 from Ch. 34, par. 3-14021
65 ILCS 5/10-1-16 from Ch. 24, par. 10-1-16
65 ILCS 5/10-2.1-11 from Ch. 24, par. 10-2.1-11

Amends the Fire Department Promotion Act, the Counties Code, and the Illinois Municipal Code. Removes restrictions on the availability to receive a veteran's preference promotion if the person has already received a promotion from based on a veteran's preference. Effective immediately.
LRB101 04055 AWJ 49063 b

A BILL FOR

SB0040LRB101 04055 AWJ 49063 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Fire Department Promotion Act is amended by
5changing Section 55 as follows:
6 (50 ILCS 742/55)
7 Sec. 55. Veterans' preference. A person on a preliminary
8promotion list who is eligible for veteran's preference under
9any law or agreement applicable to an affected department may
10file a written application for that preference within 10 days
11after the initial posting of the preliminary promotion list.
12The veteran's preference shall be calculated as provided in the
13applicable law and added to the applicant's total score on the
14preliminary promotion list. Any person who has received a
15promotion from a promotion list on which his or her position
16was adjusted for veteran's preference, under this Act or any
17other law, shall not be eligible for any subsequent veteran's
18preference under this Act.
19(Source: P.A. 93-411, eff. 8-4-03.)
20 Section 10. The Counties Code is amended by changing
21Section 3-14021 as follows:

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1 (55 ILCS 5/3-14021) (from Ch. 34, par. 3-14021)
2 Sec. 3-14021. Preference to veterans in appointments.
3Persons who were engaged in the military or naval service of
4the United States during the years 1898, 1899, 1900, 1901,
51902, 1914, 1915, 1916, 1917, 1918, 1919, any time between
6September 16, 1940 and July 25, 1947, or any time during the
7national emergency between June 25, 1950 and January 31, 1955,
8and who were honorably discharged therefrom, and all persons
9who were engaged in such military or naval service during any
10of said years, any time between September 16, 1940 and July 25,
111947, or any time during the national emergency between June
1225, 1950 and January 31, 1955, who are now or may hereafter be
13on inactive or reserve duty in such military or naval service,
14not including, however, persons who were convicted by
15court-martial of disobedience of orders, where such
16disobedience consisted in the refusal to perform military
17service on the ground of alleged religious or conscientious
18objections against war shall be preferred for appointment to
19civil offices, positions, and places of employment in the
20classified service of the county, provided they are found to
21possess the business capacity necessary for the proper
22discharge of the duties of such office, position, or place of
23employment as determined by examination for original entrance.
24 The Civil Service Commission on certifying from any
25existing register of eligibles resulting from the holding of an
26examination for original entrance or any register of eligibles

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1that may be hereafter created of persons who have taken and
2successfully passed the examinations provided for in this
3Division for original entrance commenced prior to September 1,
41949, shall place the name or names of such persons at the head
5of any existing eligible register or list of eligibles that
6shall be created under the provisions of this Division to be
7certified for appointment. The Civil Service Commission shall
8give preference for original appointment to persons as
9hereinabove designated whose names appear on any register of
10eligibles resulting from an examination for original entrance
11held under the provisions of this Division and commenced on or
12after September 1, 1949 by adding to the final grade average
13which they received or will receive as the result of any
14examination held for original entrance, five points. The
15numerical result thus attained shall be applied by the Civil
16Service Commission in determining the position of such persons
17on any eligible list which has been created as the result of
18any examination for original entrance commenced on or after
19September 1, 1949 for purposes of preference in certification
20and appointment from such eligible list.
21 Every certified Civil Service employee who was called to,
22or who volunteered for, the military or naval service of the
23United States at any time during the years specified in this
24Division, at any time between September 16, 1940 and July 25,
251947, or any time during the national emergency between June
2625, 1950 and January 31, 1955, and who was honorably discharged

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1therefrom, who is now or who may hereafter be on inactive or
2reserve duty in such military or naval service, not including,
3however, persons who were convicted by courtmartial of
4disobedience of orders where such disobedience consisted in the
5refusal to perform military service on the ground of alleged
6religious or conscientious objections against war, and whose
7name appears on existing promotional eligible registers or on
8any promotional eligible register that may hereafter be
9created, shall be preferred for promotional appointments to
10civil offices, positions, and places of employment in the
11classified civil service of any county coming under the
12provisions of this Division. The Civil Service Commission shall
13give preference for promotional appointment to persons as
14hereinabove designated whose names appear on existing
15promotional eligible registers or promotional eligible
16registers that may hereafter be created by adding to the final
17grade average which they received or will receive as the result
18of any promotional examination commencing prior to September 1,
191949 three-fourths of one point for each 6 months or fraction
20thereof of military or naval service not exceeding 30 months,
21and by adding to the final grade average which they will
22receive as the result of any promotional examination held
23commencing on or after September 1, 1949 seven-tenths of one
24point for each 6 months or fraction thereof of military or
25naval service not exceeding 30 months. The numerical results
26thus attained shall be applied by the Civil Service Commission

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1in determining the position of such persons on any eligible
2list which has been created or will be created as the result of
3any promotional examination held hereunder for purposes of
4preference in certification and appointment from such eligible
5list. No person shall receive the preference for a promotional
6appointment granted by this Section after he has received one
7promotion from an eligible list on which he was allowed such
8preference and which was prepared as a result of an examination
9held on or after September 1, 1949. No person entitled to
10preference or credit for military or naval service hereunder
11shall be required to furnish evidence or record of honorable
12discharge from the armed forces before any examination held
13under the provisions of this Division but such preference shall
14be given after the posting or publication of the eligible list
15or register and before any certification or appointments are
16made from the eligible register.
17(Source: P.A. 86-962.)
18 Section 15. The Illinois Municipal Code is amended by
19changing Sections 10-1-16 and 10-2.1-11 as follows:
20 (65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)
21 Sec. 10-1-16. Veteran's preference. Persons who were
22engaged in the active military or naval service of the United
23States for a period of at least one year and who were honorably
24discharged therefrom and all persons who were engaged in such

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1military or naval service who are now or may hereafter be on
2inactive or reserve duty in such military or naval service, not
3including, however, persons who were convicted by
4court-martial of disobedience of orders, where such
5disobedience consisted in the refusal to perform military
6service on the ground of alleged religious or conscientious
7objections against war, shall be preferred for appointments to
8civil offices, positions, and places of employment in the
9classified service of any municipality coming under the
10provisions of this Division 1, provided they are found to
11possess the business capacity necessary for the proper
12discharge of the duties of such office, position, or place of
13employment as determined by examination. For purposes of this
14Section, if a person has been deployed, then "active duty
15military or naval service of the United States" includes
16training and service school attendance, as defined in 10 U.S.C.
17101(d), which is ordered pursuant to 10 U.S.C. 12301(d).
18 The civil service commission shall give preference points
19for original appointment to qualified veterans whose names
20appear on any register of eligibles resulting from an
21examination for original entrance in the classified service of
22any municipality coming under the provisions of this Division 1
23by adding to the final grade average that they receive or will
24receive as the result of any examination held for original
25entrance, 5 points. The numerical result thus attained shall be
26applied by the civil service commission in determining the

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1position of those persons on any eligibility list that has been
2created as the result of any examination for original entrance
3for purposes of preference in certification and appointment
4from that eligibility list. Persons who were engaged in the
5active military or naval service of the United States for a
6period of at least one year and who were honorably discharged
7therefrom or who are now or who may hereafter be on inactive or
8reserve duty in such military or naval service, not including,
9however, persons who were convicted by court martial of
10disobedience of orders where such disobedience consisted in the
11refusal to perform military service on the ground of alleged
12religious or conscientious objections against war, and whose
13names appear on existing promotional eligible registers or any
14promotional eligible register that may hereafter be created, as
15provided for by this Division 1, shall be preferred for
16promotional appointment to civil offices, positions and places
17of employment in the classified civil service of any
18municipality coming under the provisions of this Division 1.
19 The civil service commission shall give preference for
20promotional appointment to persons as hereinabove designated
21whose names appear on existing promotional eligible registers
22or promotional eligible registers that may hereafter be created
23by adding to the final grade average which they received or
24will receive as the result of any promotional examination
25seven-tenths of one point for each 6 months or fraction thereof
26of active military or naval service not exceeding 30 months.

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1The numerical result thus attained shall be applied by the
2civil service commission in determining the position of such
3persons on any eligible list which has been created or will be
4created as the result of any promotional examination held
5hereunder for purposes of preference in certification and
6appointment from such eligible list.
7 No person shall receive the preference for a promotional
8appointment granted by this Section after he or she has
9received one promotion from an eligible list on which he or she
10was allowed such preference.
11 No person entitled to preference or credit for military or
12naval service hereunder shall be required to furnish evidence
13or record of honorable discharge from the armed forces before
14the publication or posting of any eligible register or list
15resulting from the examination. Such preference shall be given
16after the posting or publication of any eligible list or
17register resulting from such examination and before any
18certifications or appointments are made from such list or
19register.
20(Source: P.A. 96-83, eff. 1-1-10.)
21 (65 ILCS 5/10-2.1-11) (from Ch. 24, par. 10-2.1-11)
22 Sec. 10-2.1-11. Promotional examinations-Credits to
23veterans.) The board of fire and police commissioners shall
24give preference for promotional appointment to persons
25designated in Section 10-2.1-10 whose names appear on

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1promotional eligibility registers by adding to the final grade
2average which they will receive as a result of any promotional
3examination 7/10 of one point for each 6 months or fraction
4thereof of military or naval service not exceeding 30 months.
5The numerical result thus attained shall be applied by the
6board of fire and police commissioners in determining the
7position of such persons on any eligibility list as the result
8of any promotional examination held for purposes of preference
9in certification and appointment from such eligibility list.
10 No person shall receive the preference for a promotional
11appointment granted by this Division 2.1 after he has received
12one promotion from an eligibility list on which he was allowed
13such preference.
14(Source: P.A. 79-702.)
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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