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: (Failed) 2021-01-13 - Session Sine Die [SB0040 Detail]
Download: Illinois-2019-SB0040-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fire Department Promotion Act is amended by | |||||||||||||||||||||||||
5 | changing Section 55 as follows:
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6 | (50 ILCS 742/55)
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7 | Sec. 55. Veterans' preference. A person on a preliminary | |||||||||||||||||||||||||
8 | promotion list
who is eligible for veteran's preference under | |||||||||||||||||||||||||
9 | any law or agreement applicable
to an affected department may | |||||||||||||||||||||||||
10 | file a written application for that preference
within 10 days | |||||||||||||||||||||||||
11 | after the initial posting of the preliminary promotion list.
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12 | The veteran's preference shall be calculated as provided in the | |||||||||||||||||||||||||
13 | applicable law
and added to the applicant's total score on the | |||||||||||||||||||||||||
14 | preliminary promotion list.
Any person who has received a | |||||||||||||||||||||||||
15 | promotion from a promotion list on which his or
her position | |||||||||||||||||||||||||
16 | was adjusted for veteran's preference, under this Act or any | |||||||||||||||||||||||||
17 | other
law, shall not be eligible for any subsequent veteran's | |||||||||||||||||||||||||
18 | preference under this
Act.
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19 | (Source: P.A. 93-411, eff. 8-4-03.)
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20 | Section 10. The Counties Code is amended by changing | |||||||||||||||||||||||||
21 | Section 3-14021 as follows:
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1 | (55 ILCS 5/3-14021) (from Ch. 34, par. 3-14021)
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2 | Sec. 3-14021. Preference to veterans in appointments. | ||||||
3 | Persons
who were engaged in the military or naval service of | ||||||
4 | the United States
during the years 1898, 1899, 1900, 1901, | ||||||
5 | 1902, 1914, 1915, 1916, 1917,
1918, 1919, any time between | ||||||
6 | September 16, 1940 and July 25, 1947, or any
time during the | ||||||
7 | national emergency between June 25, 1950 and January 31,
1955, | ||||||
8 | and who were honorably discharged therefrom, and all persons | ||||||
9 | who were
engaged in such military or naval service during any | ||||||
10 | of said years, any
time between September 16, 1940 and July 25, | ||||||
11 | 1947, or any time during the
national emergency between June | ||||||
12 | 25, 1950 and January 31, 1955, who are now
or may hereafter be | ||||||
13 | on inactive or reserve duty in such military or naval
service, | ||||||
14 | not including, however, persons who were convicted by
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15 | court-martial of disobedience of orders, where such | ||||||
16 | disobedience consisted
in the refusal to perform military | ||||||
17 | service on the ground of alleged
religious or conscientious | ||||||
18 | objections against war shall be preferred for
appointment to | ||||||
19 | civil offices, positions, and places of employment in the
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20 | classified service of the county, provided they are found
to | ||||||
21 | possess the business capacity necessary for the proper | ||||||
22 | discharge of the
duties of such office, position, or place of | ||||||
23 | employment as determined by
examination for original entrance.
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24 | The Civil Service Commission on certifying from any | ||||||
25 | existing register of
eligibles resulting from the holding of an | ||||||
26 | examination for original
entrance or any register of eligibles |
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1 | that may be hereafter created of
persons who have taken and | ||||||
2 | successfully passed the examinations provided
for in this | ||||||
3 | Division for original entrance commenced prior to September 1,
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4 | 1949, shall place the name or names of such persons at the head | ||||||
5 | of any
existing eligible register or list of eligibles that | ||||||
6 | shall be created under
the provisions of this Division to be | ||||||
7 | certified for appointment. The Civil
Service Commission shall | ||||||
8 | give preference for original appointment to
persons as | ||||||
9 | hereinabove designated whose names appear on any register of
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10 | eligibles resulting from an examination for original entrance | ||||||
11 | held under
the provisions of this Division and commenced on or | ||||||
12 | after September 1, 1949
by adding to the final grade average | ||||||
13 | which they received or will receive as
the result of any | ||||||
14 | examination held for original entrance, five points. The
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15 | numerical result thus attained shall be applied by the Civil | ||||||
16 | Service
Commission in determining the position of such persons | ||||||
17 | on any eligible list
which has been created as the result of | ||||||
18 | any examination for original
entrance commenced on or after | ||||||
19 | September 1, 1949 for purposes of preference
in certification | ||||||
20 | and appointment from such eligible list.
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21 | Every certified Civil Service employee who was called to, | ||||||
22 | or who
volunteered for, the military or naval service of the | ||||||
23 | United States at any
time during the years specified in this | ||||||
24 | Division, at any time between September
16, 1940 and July 25, | ||||||
25 | 1947, or any time during the national emergency
between June | ||||||
26 | 25, 1950 and January 31, 1955, and who was honorably
discharged |
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1 | therefrom, who is now or who may hereafter be on inactive or
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2 | reserve duty in such military or naval service, not including, | ||||||
3 | however,
persons who were convicted by courtmartial of | ||||||
4 | disobedience of orders where
such disobedience consisted in the | ||||||
5 | refusal to perform military service on
the ground of alleged | ||||||
6 | religious or conscientious objections against war,
and whose | ||||||
7 | name appears on existing promotional eligible registers or on | ||||||
8 | any
promotional eligible register that may hereafter be | ||||||
9 | created, shall be
preferred for promotional appointments to | ||||||
10 | civil offices, positions, and
places of employment in the | ||||||
11 | classified civil service of any county coming
under the | ||||||
12 | provisions of this Division. The Civil Service Commission shall | ||||||
13 | give
preference for promotional appointment to persons as | ||||||
14 | hereinabove designated
whose names appear on existing | ||||||
15 | promotional eligible registers or
promotional eligible | ||||||
16 | registers that may hereafter be created by adding to
the final | ||||||
17 | grade average which they received or will receive as the result
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18 | of any promotional examination commencing prior to September 1, | ||||||
19 | 1949
three-fourths of one point for each 6 months or fraction | ||||||
20 | thereof of
military or naval service not exceeding 30 months, | ||||||
21 | and by adding to the
final grade average which they will | ||||||
22 | receive as the result of any
promotional examination held | ||||||
23 | commencing on or after September 1, 1949
seven-tenths of one | ||||||
24 | point for each 6 months or fraction thereof of military
or | ||||||
25 | naval service not exceeding 30 months. The numerical results | ||||||
26 | thus
attained shall be applied by the Civil Service Commission |
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1 | in determining
the position of such persons on any eligible | ||||||
2 | list which has been created or
will be created as the result of | ||||||
3 | any promotional examination held hereunder
for purposes of | ||||||
4 | preference in certification and appointment from such
eligible | ||||||
5 | list. No person shall receive the preference for a promotional
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6 | appointment granted by this Section after he has received one | ||||||
7 | promotion
from an eligible list on which he was allowed such | ||||||
8 | preference and which was
prepared as a result of an examination | ||||||
9 | held on or after September 1, 1949.
No person entitled to | ||||||
10 | preference or credit for military or naval service
hereunder | ||||||
11 | shall be required to furnish evidence or record of honorable
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12 | discharge from the armed forces before any examination held | ||||||
13 | under the
provisions of this Division but such preference shall | ||||||
14 | be given after the
posting or publication of the eligible list | ||||||
15 | or register and before any
certification or appointments are | ||||||
16 | made from the eligible register.
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17 | (Source: P.A. 86-962.)
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18 | Section 15. The Illinois Municipal Code is amended by | ||||||
19 | changing Sections 10-1-16 and 10-2.1-11 as follows:
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20 | (65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)
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21 | Sec. 10-1-16. Veteran's preference. Persons who were | ||||||
22 | engaged in the active military or naval service of
the United | ||||||
23 | States for a period of at least one year and who were honorably | ||||||
24 | discharged
therefrom and all persons who were engaged in such |
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1 | military or naval
service who are now or may hereafter be on
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2 | inactive or reserve duty in such military or naval service, not | ||||||
3 | including,
however, persons who were convicted by | ||||||
4 | court-martial of disobedience of
orders, where such | ||||||
5 | disobedience consisted in the refusal to perform
military | ||||||
6 | service on the ground of alleged religious or conscientious
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7 | objections against war, shall be preferred for appointments to | ||||||
8 | civil
offices, positions, and places of employment in the | ||||||
9 | classified service of
any municipality coming under the | ||||||
10 | provisions of this Division 1, provided
they are found to | ||||||
11 | possess the business capacity necessary for the proper
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12 | discharge of the duties of such office, position, or place of | ||||||
13 | employment as
determined by examination. For purposes of this | ||||||
14 | Section, if a person has been deployed, then "active duty | ||||||
15 | military or naval service of the United States" includes | ||||||
16 | training and service school attendance, as defined in 10 U.S.C. | ||||||
17 | 101(d), which is ordered pursuant to 10 U.S.C. 12301(d). | ||||||
18 | The civil service commission shall give preference points | ||||||
19 | for original appointment to qualified veterans whose names | ||||||
20 | appear on any register of eligibles resulting from an | ||||||
21 | examination for original entrance in the classified service of | ||||||
22 | any municipality coming under the provisions of this Division 1 | ||||||
23 | by adding to the final grade average that they receive or will | ||||||
24 | receive as the result of any examination held for original | ||||||
25 | entrance, 5 points. The numerical result thus attained shall be | ||||||
26 | applied by the civil service commission in determining the |
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1 | position of those persons on any eligibility list that has been | ||||||
2 | created as the result of any examination for original entrance | ||||||
3 | for purposes of preference in certification and appointment | ||||||
4 | from that eligibility list. Persons who were engaged in the | ||||||
5 | active military or naval service of the United States for a | ||||||
6 | period of at least one year and who were honorably discharged | ||||||
7 | therefrom or who are now
or who may hereafter be on inactive or | ||||||
8 | reserve duty in such military or
naval service, not including, | ||||||
9 | however, persons who were convicted by court
martial of | ||||||
10 | disobedience of orders where such disobedience consisted in the
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11 | refusal to perform military service on the ground of alleged | ||||||
12 | religious or
conscientious objections against war, and whose | ||||||
13 | names appear on existing
promotional eligible registers or any | ||||||
14 | promotional eligible register that
may hereafter be created, as | ||||||
15 | provided for by this Division 1, shall be
preferred for | ||||||
16 | promotional appointment to civil offices, positions and
places | ||||||
17 | of employment in the classified civil service of any | ||||||
18 | municipality
coming under the provisions of this Division 1.
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19 | The civil service commission shall give preference for | ||||||
20 | promotional
appointment to persons as hereinabove designated | ||||||
21 | whose names appear on
existing promotional eligible registers | ||||||
22 | or promotional eligible registers
that may hereafter be created | ||||||
23 | by adding to the final grade average which
they received or | ||||||
24 | will receive as the result of any promotional examination
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25 | seven-tenths of one point for each 6 months or fraction
thereof | ||||||
26 | of active military or naval service not exceeding 30 months. |
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1 | The numerical
result thus attained shall be applied by the | ||||||
2 | civil service commission in
determining the position of such | ||||||
3 | persons on any eligible list which has
been created or will be | ||||||
4 | created as the result of any promotional
examination held | ||||||
5 | hereunder for purposes of preference in certification and
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6 | appointment from such eligible list.
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7 | No person shall receive the preference for a promotional | ||||||
8 | appointment
granted by this Section after he or she has | ||||||
9 | received one promotion from an
eligible list on which he or she | ||||||
10 | was allowed such preference.
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11 | No person entitled to preference or credit for military or | ||||||
12 | naval service
hereunder shall be required to furnish evidence | ||||||
13 | or record of honorable
discharge from the armed forces before | ||||||
14 | the publication or posting of any
eligible register or list | ||||||
15 | resulting from the examination. Such preference
shall be given | ||||||
16 | after the posting or publication of any eligible list or
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17 | register resulting from such examination and before any | ||||||
18 | certifications or
appointments are made from such list or | ||||||
19 | register.
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20 | (Source: P.A. 96-83, eff. 1-1-10.)
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21 | (65 ILCS 5/10-2.1-11) (from Ch. 24, par. 10-2.1-11)
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22 | Sec. 10-2.1-11.
Promotional examinations-Credits to | ||||||
23 | veterans.)
The board of fire and police commissioners shall | ||||||
24 | give preference for
promotional appointment to persons | ||||||
25 | designated in Section 10-2.1-10 whose
names appear on |
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1 | promotional eligibility registers by adding to the final
grade | ||||||
2 | average which they will receive as a result of any promotional
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3 | examination 7/10 of one point for each 6 months or fraction | ||||||
4 | thereof of
military or naval service not exceeding 30 months. | ||||||
5 | The numerical result
thus attained shall be applied by the | ||||||
6 | board of fire and police
commissioners in determining the | ||||||
7 | position of such persons on any
eligibility list as the result | ||||||
8 | of any promotional examination held for
purposes of preference | ||||||
9 | in certification and appointment from such
eligibility list.
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10 | No person shall receive the preference for a promotional | ||||||
11 | appointment
granted by this Division 2.1 after he has received | ||||||
12 | one
promotion from an eligibility list on which he was allowed | ||||||
13 | such preference.
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14 | (Source: P.A. 79-702.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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