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

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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: Slight Partisan Bill (Republican 6-2)

Status: (Passed) 2017-09-08 - Public Act . . . . . . . . . 100-0496 [HB3261 Detail]

Download: Illinois-2017-HB3261-Chaptered.html

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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.)