99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3203

 

Introduced , by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-7.1
65 ILCS 5/10-2.1-6.3

    Amends the Illinois Municipal Code. Provides that an individual who turned 35 while serving as a member of the active or reserve components of any of the branches of the Armed Forces of the United States or the National Guard of any state, whose service was characterized as honorable or under honorable, and is currently under the age of 40 is eligible to take an examination for a position as a firefighter. Effective immediately.


LRB099 08813 AWJ 28984 b

 

 

A BILL FOR

 

HB3203LRB099 08813 AWJ 28984 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 Illinois Municipal Code is amended by
5changing Sections 10-1-7.1 and 10-2.1-6.3 as follows:
 
6    (65 ILCS 5/10-1-7.1)
7    Sec. 10-1-7.1. Original appointments; full-time fire
8department.
9    (a) Applicability. Unless a commission elects to follow the
10provisions of Section 10-1-7.2, this Section shall apply to all
11original appointments to an affected full-time fire
12department. Existing registers of eligibles shall continue to
13be valid until their expiration dates, or up to a maximum of 2
14years after the effective date of this amendatory Act of the
1597th General Assembly.
16    Notwithstanding any statute, ordinance, rule, or other law
17to the contrary, all original appointments to an affected
18department to which this Section applies shall be administered
19in the manner provided for in this Section. Provisions of the
20Illinois Municipal Code, municipal ordinances, and rules
21adopted pursuant to such authority and other laws relating to
22initial hiring of firefighters in affected departments shall
23continue to apply to the extent they are compatible with this

 

 

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1Section, but in the event of a conflict between this Section
2and any other law, this Section shall control.
3    A home rule or non-home rule municipality may not
4administer its fire department process for original
5appointments in a manner that is less stringent than this
6Section. This Section is a limitation under subsection (i) of
7Section 6 of Article VII of the Illinois Constitution on the
8concurrent exercise by home rule units of the powers and
9functions exercised by the State.
10    A municipality that is operating under a court order or
11consent decree regarding original appointments to a full-time
12fire department before the effective date of this amendatory
13Act of the 97th General Assembly is exempt from the
14requirements of this Section for the duration of the court
15order or consent decree.
16    Notwithstanding any other provision of this subsection
17(a), this Section does not apply to a municipality with more
18than 1,000,000 inhabitants.
19    (b) Original appointments. All original appointments made
20to an affected fire department shall be made from a register of
21eligibles established in accordance with the processes
22established by this Section. Only persons who meet or exceed
23the performance standards required by this Section shall be
24placed on a register of eligibles for original appointment to
25an affected fire department.
26    Whenever an appointing authority authorizes action to hire

 

 

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1a person to perform the duties of a firefighter or to hire a
2firefighter-paramedic to fill a position that is a new position
3or vacancy due to resignation, discharge, promotion, death, the
4granting of a disability or retirement pension, or any other
5cause, the appointing authority shall appoint to that position
6the person with the highest ranking on the final eligibility
7list. If the appointing authority has reason to conclude that
8the highest ranked person fails to meet the minimum standards
9for the position or if the appointing authority believes an
10alternate candidate would better serve the needs of the
11department, then the appointing authority has the right to pass
12over the highest ranked person and appoint either: (i) any
13person who has a ranking in the top 5% of the register of
14eligibles or (ii) any person who is among the top 5 highest
15ranked persons on the list of eligibles if the number of people
16who have a ranking in the top 5% of the register of eligibles
17is less than 5 people.
18    Any candidate may pass on an appointment once without
19losing his or her position on the register of eligibles. Any
20candidate who passes a second time may be removed from the list
21by the appointing authority provided that such action shall not
22prejudice a person's opportunities to participate in future
23examinations, including an examination held during the time a
24candidate is already on the municipality's register of
25eligibles.
26    The sole authority to issue certificates of appointment

 

 

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1shall be vested in the Civil Service Commission. All
2certificates of appointment issued to any officer or member of
3an affected department shall be signed by the chairperson and
4secretary, respectively, of the commission upon appointment of
5such officer or member to the affected department by the
6commission. Each person who accepts a certificate of
7appointment and successfully completes his or her probationary
8period shall be enrolled as a firefighter and as a regular
9member of the fire department.
10    For the purposes of this Section, "firefighter" means any
11person who has been prior to, on, or after the effective date
12of this amendatory Act of the 97th General Assembly appointed
13to a fire department or fire protection district or employed by
14a State university and sworn or commissioned to perform
15firefighter duties or paramedic duties, or both, except that
16the following persons are not included: part-time
17firefighters; auxiliary, reserve, or voluntary firefighters,
18including paid-on-call firefighters; clerks and dispatchers or
19other civilian employees of a fire department or fire
20protection district who are not routinely expected to perform
21firefighter duties; and elected officials.
22    (c) Qualification for placement on register of eligibles.
23The purpose of establishing a register of eligibles is to
24identify applicants who possess and demonstrate the mental
25aptitude and physical ability to perform the duties required of
26members of the fire department in order to provide the highest

 

 

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1quality of service to the public. To this end, all applicants
2for original appointment to an affected fire department shall
3be subject to examination and testing which shall be public,
4competitive, and open to all applicants unless the municipality
5shall by ordinance limit applicants to residents of the
6municipality, county or counties in which the municipality is
7located, State, or nation. Any examination and testing
8procedure utilized under subsection (e) of this Section shall
9be supported by appropriate validation evidence and shall
10comply with all applicable State state and federal laws.
11Municipalities may establish educational, emergency medical
12service licensure, and other pre-requisites for participation
13in an examination or for hire as a firefighter. Any
14municipality may charge a fee to cover the costs of the
15application process.
16    Residency requirements in effect at the time an individual
17enters the fire service of a municipality cannot be made more
18restrictive for that individual during his or her period of
19service for that municipality, or be made a condition of
20promotion, except for the rank or position of fire chief and
21for no more than 2 positions that rank immediately below that
22of the chief rank which are appointed positions pursuant to the
23Fire Department Promotion Act.
24    No person who is 35 years of age or older shall be eligible
25to take an examination for a position as a firefighter unless
26the person has had previous employment status as a firefighter

 

 

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1in the regularly constituted fire department of the
2municipality, except as provided in this Section. The age
3limitation does not apply to:
4        (1) any person previously employed as a full-time
5    firefighter in a regularly constituted fire department of
6    (i) any municipality or fire protection district located in
7    Illinois, (ii) a fire protection district whose
8    obligations were assumed by a municipality under Section 21
9    of the Fire Protection District Act, or (iii) a
10    municipality whose obligations were taken over by a fire
11    protection district, or
12        (2) any person who has served a municipality as a
13    regularly enrolled volunteer, paid-on-call, or part-time
14    firefighter for the 5 years immediately preceding the time
15    that the municipality begins to use full-time firefighters
16    to provide all or part of its fire protection service, or .
17        (3) any person who turned 35 while serving as a member
18    of the active or reserve components of any of the branches
19    of the Armed Forces of the United States or the National
20    Guard of any state, whose service was characterized as
21    honorable or under honorable, if separated from the
22    military, and is currently under the age of 40.
23    No person who is under 21 years of age shall be eligible
24for employment as a firefighter.
25    No applicant shall be examined concerning his or her
26political or religious opinions or affiliations. The

 

 

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1examinations shall be conducted by the commissioners of the
2municipality or their designees and agents.
3    No municipality shall require that any firefighter
4appointed to the lowest rank serve a probationary employment
5period of longer than one year of actual active employment,
6which may exclude periods of training, or injury or illness
7leaves, including duty related leave, in excess of 30 calendar
8days. Notwithstanding anything to the contrary in this Section,
9the probationary employment period limitation may be extended
10for a firefighter who is required, as a condition of
11employment, to be a licensed paramedic, during which time the
12sole reason that a firefighter may be discharged without a
13hearing is for failing to meet the requirements for paramedic
14licensure.
15    In the event that any applicant who has been found eligible
16for appointment and whose name has been placed upon the final
17eligibility register provided for in this Division 1 has not
18been appointed to a firefighter position within one year after
19the date of his or her physical ability examination, the
20commission may cause a second examination to be made of that
21applicant's physical ability prior to his or her appointment.
22If, after the second examination, the physical ability of the
23applicant shall be found to be less than the minimum standard
24fixed by the rules of the commission, the applicant shall not
25be appointed. The applicant's name may be retained upon the
26register of candidates eligible for appointment and when next

 

 

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1reached for certification and appointment that applicant may be
2again examined as provided in this Section, and if the physical
3ability of that applicant is found to be less than the minimum
4standard fixed by the rules of the commission, the applicant
5shall not be appointed, and the name of the applicant shall be
6removed from the register.
7    (d) Notice, examination, and testing components. Notice of
8the time, place, general scope, merit criteria for any
9subjective component, and fee of every examination shall be
10given by the commission, by a publication at least 2 weeks
11preceding the examination: (i) in one or more newspapers
12published in the municipality, or if no newspaper is published
13therein, then in one or more newspapers with a general
14circulation within the municipality, or (ii) on the
15municipality's Internet website. Additional notice of the
16examination may be given as the commission shall prescribe.
17    The examination and qualifying standards for employment of
18firefighters shall be based on: mental aptitude, physical
19ability, preferences, moral character, and health. The mental
20aptitude, physical ability, and preference components shall
21determine an applicant's qualification for and placement on the
22final register of eligibles. The examination may also include a
23subjective component based on merit criteria as determined by
24the commission. Scores from the examination must be made
25available to the public.
26    (e) Mental aptitude. No person who does not possess at

 

 

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1least a high school diploma or an equivalent high school
2education shall be placed on a register of eligibles.
3Examination of an applicant's mental aptitude shall be based
4upon a written examination. The examination shall be practical
5in character and relate to those matters that fairly test the
6capacity of the persons examined to discharge the duties
7performed by members of a fire department. Written examinations
8shall be administered in a manner that ensures the security and
9accuracy of the scores achieved.
10    (f) Physical ability. All candidates shall be required to
11undergo an examination of their physical ability to perform the
12essential functions included in the duties they may be called
13upon to perform as a member of a fire department. For the
14purposes of this Section, essential functions of the job are
15functions associated with duties that a firefighter may be
16called upon to perform in response to emergency calls. The
17frequency of the occurrence of those duties as part of the fire
18department's regular routine shall not be a controlling factor
19in the design of examination criteria or evolutions selected
20for testing. These physical examinations shall be open,
21competitive, and based on industry standards designed to test
22each applicant's physical abilities in the following
23dimensions:
24        (1) Muscular strength to perform tasks and evolutions
25    that may be required in the performance of duties including
26    grip strength, leg strength, and arm strength. Tests shall

 

 

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1    be conducted under anaerobic as well as aerobic conditions
2    to test both the candidate's speed and endurance in
3    performing tasks and evolutions. Tasks tested may be based
4    on standards developed, or approved, by the local
5    appointing authority.
6        (2) The ability to climb ladders, operate from heights,
7    walk or crawl in the dark along narrow and uneven surfaces,
8    and operate in proximity to hazardous environments.
9        (3) The ability to carry out critical, time-sensitive,
10    and complex problem solving during physical exertion in
11    stressful and hazardous environments. The testing
12    environment may be hot and dark with tightly enclosed
13    spaces, flashing lights, sirens, and other distractions.
14    The tests utilized to measure each applicant's
15capabilities in each of these dimensions may be tests based on
16industry standards currently in use or equivalent tests
17approved by the Joint Labor-Management Committee of the Office
18of the State Fire Marshal.
19    Physical ability examinations administered under this
20Section shall be conducted with a reasonable number of proctors
21and monitors, open to the public, and subject to reasonable
22regulations of the commission.
23    (g) Scoring of examination components. Appointing
24authorities may create a preliminary eligibility register. A
25person shall be placed on the list based upon his or her
26passage of the written examination or the passage of the

 

 

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1written examination and the physical ability component.
2Passage of the written examination means attaining the minimum
3score set by the commission. Minimum scores should be set by
4the commission so as to demonstrate a candidate's ability to
5perform the essential functions of the job. The minimum score
6set by the commission shall be supported by appropriate
7validation evidence and shall comply with all applicable State
8state and federal laws. The appointing authority may conduct
9the physical ability component and any subjective components
10subsequent to the posting of the preliminary eligibility
11register.
12    The examination components for an initial eligibility
13register shall be graded on a 100-point scale. A person's
14position on the list shall be determined by the following: (i)
15the person's score on the written examination, (ii) the person
16successfully passing the physical ability component, and (iii)
17the person's results on any subjective component as described
18in subsection (d).
19    In order to qualify for placement on the final eligibility
20register, an applicant's score on the written examination,
21before any applicable preference points or subjective points
22are applied, shall be at or above the minimum score set by the
23commission. The local appointing authority may prescribe the
24score to qualify for placement on the final eligibility
25register, but the score shall not be less than the minimum
26score set by the commission.

 

 

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1    The commission shall prepare and keep a register of persons
2whose total score is not less than the minimum score for
3passage and who have passed the physical ability examination.
4These persons shall take rank upon the register as candidates
5in the order of their relative excellence based on the highest
6to the lowest total points scored on the mental aptitude,
7subjective component, and preference components of the test
8administered in accordance with this Section. No more than 60
9days after each examination, an initial eligibility list shall
10be posted by the commission. The list shall include the final
11grades of the candidates without reference to priority of the
12time of examination and subject to claim for preference credit.
13    Commissions may conduct additional examinations, including
14without limitation a polygraph test, after a final eligibility
15register is established and before it expires with the
16candidates ranked by total score without regard to date of
17examination. No more than 60 days after each examination, an
18initial eligibility list shall be posted by the commission
19showing the final grades of the candidates without reference to
20priority of time of examination and subject to claim for
21preference credit.
22    (h) Preferences. The following are preferences:
23        (1) Veteran preference. Persons who were engaged in the
24    military service of the United States for a period of at
25    least one year of active duty and who were honorably
26    discharged therefrom, or who are now or have been members

 

 

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1    on inactive or reserve duty in such military or naval
2    service, shall be preferred for appointment to and
3    employment with the fire department of an affected
4    department.
5        (2) Fire cadet preference. Persons who have
6    successfully completed 2 years of study in fire techniques
7    or cadet training within a cadet program established under
8    the rules of the Joint Labor and Management Committee
9    (JLMC), as defined in Section 50 of the Fire Department
10    Promotion Act, may be preferred for appointment to and
11    employment with the fire department.
12        (3) Educational preference. Persons who have
13    successfully obtained an associate's degree in the field of
14    fire service or emergency medical services, or a bachelor's
15    degree from an accredited college or university may be
16    preferred for appointment to and employment with the fire
17    department.
18        (4) Paramedic preference. Persons who have obtained a
19    license as a paramedic may be preferred for appointment to
20    and employment with the fire department of an affected
21    department providing emergency medical services.
22        (5) Experience preference. All persons employed by a
23    municipality who have been paid-on-call or part-time
24    certified Firefighter II, certified Firefighter III, State
25    of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
26    paramedic, or any combination of those capacities may be

 

 

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1    awarded up to a maximum of 5 points. However, the applicant
2    may not be awarded more than 0.5 points for each complete
3    year of paid-on-call or part-time service. Applicants from
4    outside the municipality who were employed as full-time
5    firefighters or firefighter-paramedics by a fire
6    protection district or another municipality may be awarded
7    up to 5 experience preference points. However, the
8    applicant may not be awarded more than one point for each
9    complete year of full-time service.
10        Upon request by the commission, the governing body of
11    the municipality or in the case of applicants from outside
12    the municipality the governing body of any fire protection
13    district or any other municipality shall certify to the
14    commission, within 10 days after the request, the number of
15    years of successful paid-on-call, part-time, or full-time
16    service of any person. A candidate may not receive the full
17    amount of preference points under this subsection if the
18    amount of points awarded would place the candidate before a
19    veteran on the eligibility list. If more than one candidate
20    receiving experience preference points is prevented from
21    receiving all of their points due to not being allowed to
22    pass a veteran, the candidates shall be placed on the list
23    below the veteran in rank order based on the totals
24    received if all points under this subsection were to be
25    awarded. Any remaining ties on the list shall be determined
26    by lot.

 

 

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1        (6) Residency preference. Applicants whose principal
2    residence is located within the fire department's
3    jurisdiction may be preferred for appointment to and
4    employment with the fire department.
5        (7) Additional preferences. Up to 5 additional
6    preference points may be awarded for unique categories
7    based on an applicant's experience or background as
8    identified by the commission.
9        (8) Scoring of preferences. The commission shall give
10    preference for original appointment to persons designated
11    in item (1) by adding to the final grade that they receive
12    5 points for the recognized preference achieved. The
13    commission shall determine the number of preference points
14    for each category except (1). The number of preference
15    points for each category shall range from 0 to 5. In
16    determining the number of preference points, the
17    commission shall prescribe that if a candidate earns the
18    maximum number of preference points in all categories, that
19    number may not be less than 10 nor more than 30. The
20    commission shall give preference for original appointment
21    to persons designated in items (2) through (7) by adding
22    the requisite number of points to the final grade for each
23    recognized preference achieved. The numerical result thus
24    attained shall be applied by the commission in determining
25    the final eligibility list and appointment from the
26    eligibility list. The local appointing authority may

 

 

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1    prescribe the total number of preference points awarded
2    under this Section, but the total number of preference
3    points shall not be less than 10 points or more than 30
4    points.
5    No person entitled to any preference shall be required to
6claim the credit before any examination held under the
7provisions of this Section, but the preference shall be given
8after the posting or publication of the initial eligibility
9list or register at the request of a person entitled to a
10credit before any certification or appointments are made from
11the eligibility register, upon the furnishing of verifiable
12evidence and proof of qualifying preference credit. Candidates
13who are eligible for preference credit shall make a claim in
14writing within 10 days after the posting of the initial
15eligibility list, or the claim shall be deemed waived. Final
16eligibility registers shall be established after the awarding
17of verified preference points. All employment shall be subject
18to the commission's initial hire background review including,
19but not limited to, criminal history, employment history, moral
20character, oral examination, and medical and psychological
21examinations, all on a pass-fail basis. The medical and
22psychological examinations must be conducted last, and may only
23be performed after a conditional offer of employment has been
24extended.
25    Any person placed on an eligibility list who exceeds the
26age requirement before being appointed to a fire department

 

 

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1shall remain eligible for appointment until the list is
2abolished, or his or her name has been on the list for a period
3of 2 years. No person who has attained the age of 35 years
4shall be inducted into a fire department, except as otherwise
5provided in this Section.
6    The commission shall strike off the names of candidates for
7original appointment after the names have been on the list for
8more than 2 years.
9    (i) Moral character. No person shall be appointed to a fire
10department unless he or she is a person of good character; not
11a habitual drunkard, a gambler, or a person who has been
12convicted of a felony or a crime involving moral turpitude.
13However, no person shall be disqualified from appointment to
14the fire department because of the person's record of
15misdemeanor convictions except those under Sections 11-6,
1611-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1712-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1831-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
191, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
20Criminal Code of 2012, or arrest for any cause without
21conviction thereon. Any such person who is in the department
22may be removed on charges brought for violating this subsection
23and after a trial as hereinafter provided.
24    A classifiable set of the fingerprints of every person who
25is offered employment as a certificated member of an affected
26fire department whether with or without compensation, shall be

 

 

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1furnished to the Illinois Department of State Police and to the
2Federal Bureau of Investigation by the commission.
3    Whenever a commission is authorized or required by law to
4consider some aspect of criminal history record information for
5the purpose of carrying out its statutory powers and
6responsibilities, then, upon request and payment of fees in
7conformance with the requirements of Section 2605-400 of the
8State Police Law of the Civil Administrative Code of Illinois,
9the Department of State Police is authorized to furnish,
10pursuant to positive identification, the information contained
11in State files as is necessary to fulfill the request.
12    (j) Temporary appointments. In order to prevent a stoppage
13of public business, to meet extraordinary exigencies, or to
14prevent material impairment of the fire department, the
15commission may make temporary appointments, to remain in force
16only until regular appointments are made under the provisions
17of this Division, but never to exceed 60 days. No temporary
18appointment of any one person shall be made more than twice in
19any calendar year.
20    (k) A person who knowingly divulges or receives test
21questions or answers before a written examination, or otherwise
22knowingly violates or subverts any requirement of this Section,
23commits a violation of this Section and may be subject to
24charges for official misconduct.
25    A person who is the knowing recipient of test information
26in advance of the examination shall be disqualified from the

 

 

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1examination or discharged from the position to which he or she
2was appointed, as applicable, and otherwise subjected to
3disciplinary actions.
4(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
597-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
68-15-14; revised 10-2-14.)
 
7    (65 ILCS 5/10-2.1-6.3)
8    Sec. 10-2.1-6.3. Original appointments; full-time fire
9department.
10    (a) Applicability. Unless a commission elects to follow the
11provisions of Section 10-2.1-6.4, this Section shall apply to
12all original appointments to an affected full-time fire
13department. Existing registers of eligibles shall continue to
14be valid until their expiration dates, or up to a maximum of 2
15years after the effective date of this amendatory Act of the
1697th General Assembly.
17    Notwithstanding any statute, ordinance, rule, or other law
18to the contrary, all original appointments to an affected
19department to which this Section applies shall be administered
20in the manner provided for in this Section. Provisions of the
21Illinois Municipal Code, municipal ordinances, and rules
22adopted pursuant to such authority and other laws relating to
23initial hiring of firefighters in affected departments shall
24continue to apply to the extent they are compatible with this
25Section, but in the event of a conflict between this Section

 

 

HB3203- 20 -LRB099 08813 AWJ 28984 b

1and any other law, this Section shall control.
2    A home rule or non-home rule municipality may not
3administer its fire department process for original
4appointments in a manner that is less stringent than this
5Section. This Section is a limitation under subsection (i) of
6Section 6 of Article VII of the Illinois Constitution on the
7concurrent exercise by home rule units of the powers and
8functions exercised by the State.
9    A municipality that is operating under a court order or
10consent decree regarding original appointments to a full-time
11fire department before the effective date of this amendatory
12Act of the 97th General Assembly is exempt from the
13requirements of this Section for the duration of the court
14order or consent decree.
15    Notwithstanding any other provision of this subsection
16(a), this Section does not apply to a municipality with more
17than 1,000,000 inhabitants.
18    (b) Original appointments. All original appointments made
19to an affected fire department shall be made from a register of
20eligibles established in accordance with the processes
21established by this Section. Only persons who meet or exceed
22the performance standards required by this Section shall be
23placed on a register of eligibles for original appointment to
24an affected fire department.
25    Whenever an appointing authority authorizes action to hire
26a person to perform the duties of a firefighter or to hire a

 

 

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1firefighter-paramedic to fill a position that is a new position
2or vacancy due to resignation, discharge, promotion, death, the
3granting of a disability or retirement pension, or any other
4cause, the appointing authority shall appoint to that position
5the person with the highest ranking on the final eligibility
6list. If the appointing authority has reason to conclude that
7the highest ranked person fails to meet the minimum standards
8for the position or if the appointing authority believes an
9alternate candidate would better serve the needs of the
10department, then the appointing authority has the right to pass
11over the highest ranked person and appoint either: (i) any
12person who has a ranking in the top 5% of the register of
13eligibles or (ii) any person who is among the top 5 highest
14ranked persons on the list of eligibles if the number of people
15who have a ranking in the top 5% of the register of eligibles
16is less than 5 people.
17    Any candidate may pass on an appointment once without
18losing his or her position on the register of eligibles. Any
19candidate who passes a second time may be removed from the list
20by the appointing authority provided that such action shall not
21prejudice a person's opportunities to participate in future
22examinations, including an examination held during the time a
23candidate is already on the municipality's register of
24eligibles.
25    The sole authority to issue certificates of appointment
26shall be vested in the board of fire and police commissioners.

 

 

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1All certificates of appointment issued to any officer or member
2of an affected department shall be signed by the chairperson
3and secretary, respectively, of the board upon appointment of
4such officer or member to the affected department by action of
5the board. Each person who accepts a certificate of appointment
6and successfully completes his or her probationary period shall
7be enrolled as a firefighter and as a regular member of the
8fire department.
9    For the purposes of this Section, "firefighter" means any
10person who has been prior to, on, or after the effective date
11of this amendatory Act of the 97th General Assembly appointed
12to a fire department or fire protection district or employed by
13a State university and sworn or commissioned to perform
14firefighter duties or paramedic duties, or both, except that
15the following persons are not included: part-time
16firefighters; auxiliary, reserve, or voluntary firefighters,
17including paid-on-call firefighters; clerks and dispatchers or
18other civilian employees of a fire department or fire
19protection district who are not routinely expected to perform
20firefighter duties; and elected officials.
21    (c) Qualification for placement on register of eligibles.
22The purpose of establishing a register of eligibles is to
23identify applicants who possess and demonstrate the mental
24aptitude and physical ability to perform the duties required of
25members of the fire department in order to provide the highest
26quality of service to the public. To this end, all applicants

 

 

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1for original appointment to an affected fire department shall
2be subject to examination and testing which shall be public,
3competitive, and open to all applicants unless the municipality
4shall by ordinance limit applicants to residents of the
5municipality, county or counties in which the municipality is
6located, State, or nation. Any examination and testing
7procedure utilized under subsection (e) of this Section shall
8be supported by appropriate validation evidence and shall
9comply with all applicable State state and federal laws.
10Municipalities may establish educational, emergency medical
11service licensure, and other pre-requisites for participation
12in an examination or for hire as a firefighter. Any
13municipality may charge a fee to cover the costs of the
14application process.
15    Residency requirements in effect at the time an individual
16enters the fire service of a municipality cannot be made more
17restrictive for that individual during his or her period of
18service for that municipality, or be made a condition of
19promotion, except for the rank or position of fire chief and
20for no more than 2 positions that rank immediately below that
21of the chief rank which are appointed positions pursuant to the
22Fire Department Promotion Act.
23    No person who is 35 years of age or older shall be eligible
24to take an examination for a position as a firefighter unless
25the person has had previous employment status as a firefighter
26in the regularly constituted fire department of the

 

 

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1municipality, except as provided in this Section. The age
2limitation does not apply to:
3        (1) any person previously employed as a full-time
4    firefighter in a regularly constituted fire department of
5    (i) any municipality or fire protection district located in
6    Illinois, (ii) a fire protection district whose
7    obligations were assumed by a municipality under Section 21
8    of the Fire Protection District Act, or (iii) a
9    municipality whose obligations were taken over by a fire
10    protection district, or
11        (2) any person who has served a municipality as a
12    regularly enrolled volunteer, paid-on-call, or part-time
13    firefighter for the 5 years immediately preceding the time
14    that the municipality begins to use full-time firefighters
15    to provide all or part of its fire protection service, or .
16        (3) any person who turned 35 while serving as a member
17    of the active or reserve components of any of the branches
18    of the Armed Forces of the United States or the National
19    Guard of any state, whose service was characterized as
20    honorable or under honorable, if separated from the
21    military, and is currently under the age of 40.
22    No person who is under 21 years of age shall be eligible
23for employment as a firefighter.
24    No applicant shall be examined concerning his or her
25political or religious opinions or affiliations. The
26examinations shall be conducted by the commissioners of the

 

 

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1municipality or their designees and agents.
2    No municipality shall require that any firefighter
3appointed to the lowest rank serve a probationary employment
4period of longer than one year of actual active employment,
5which may exclude periods of training, or injury or illness
6leaves, including duty related leave, in excess of 30 calendar
7days. Notwithstanding anything to the contrary in this Section,
8the probationary employment period limitation may be extended
9for a firefighter who is required, as a condition of
10employment, to be a licensed paramedic, during which time the
11sole reason that a firefighter may be discharged without a
12hearing is for failing to meet the requirements for paramedic
13licensure.
14    In the event that any applicant who has been found eligible
15for appointment and whose name has been placed upon the final
16eligibility register provided for in this Section has not been
17appointed to a firefighter position within one year after the
18date of his or her physical ability examination, the commission
19may cause a second examination to be made of that applicant's
20physical ability prior to his or her appointment. If, after the
21second examination, the physical ability of the applicant shall
22be found to be less than the minimum standard fixed by the
23rules of the commission, the applicant shall not be appointed.
24The applicant's name may be retained upon the register of
25candidates eligible for appointment and when next reached for
26certification and appointment that applicant may be again

 

 

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1examined as provided in this Section, and if the physical
2ability of that applicant is found to be less than the minimum
3standard fixed by the rules of the commission, the applicant
4shall not be appointed, and the name of the applicant shall be
5removed from the register.
6    (d) Notice, examination, and testing components. Notice of
7the time, place, general scope, merit criteria for any
8subjective component, and fee of every examination shall be
9given by the commission, by a publication at least 2 weeks
10preceding the examination: (i) in one or more newspapers
11published in the municipality, or if no newspaper is published
12therein, then in one or more newspapers with a general
13circulation within the municipality, or (ii) on the
14municipality's Internet website. Additional notice of the
15examination may be given as the commission shall prescribe.
16    The examination and qualifying standards for employment of
17firefighters shall be based on: mental aptitude, physical
18ability, preferences, moral character, and health. The mental
19aptitude, physical ability, and preference components shall
20determine an applicant's qualification for and placement on the
21final register of eligibles. The examination may also include a
22subjective component based on merit criteria as determined by
23the commission. Scores from the examination must be made
24available to the public.
25    (e) Mental aptitude. No person who does not possess at
26least a high school diploma or an equivalent high school

 

 

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1education shall be placed on a register of eligibles.
2Examination of an applicant's mental aptitude shall be based
3upon a written examination. The examination shall be practical
4in character and relate to those matters that fairly test the
5capacity of the persons examined to discharge the duties
6performed by members of a fire department. Written examinations
7shall be administered in a manner that ensures the security and
8accuracy of the scores achieved.
9    (f) Physical ability. All candidates shall be required to
10undergo an examination of their physical ability to perform the
11essential functions included in the duties they may be called
12upon to perform as a member of a fire department. For the
13purposes of this Section, essential functions of the job are
14functions associated with duties that a firefighter may be
15called upon to perform in response to emergency calls. The
16frequency of the occurrence of those duties as part of the fire
17department's regular routine shall not be a controlling factor
18in the design of examination criteria or evolutions selected
19for testing. These physical examinations shall be open,
20competitive, and based on industry standards designed to test
21each applicant's physical abilities in the following
22dimensions:
23        (1) Muscular strength to perform tasks and evolutions
24    that may be required in the performance of duties including
25    grip strength, leg strength, and arm strength. Tests shall
26    be conducted under anaerobic as well as aerobic conditions

 

 

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1    to test both the candidate's speed and endurance in
2    performing tasks and evolutions. Tasks tested may be based
3    on standards developed, or approved, by the local
4    appointing authority.
5        (2) The ability to climb ladders, operate from heights,
6    walk or crawl in the dark along narrow and uneven surfaces,
7    and operate in proximity to hazardous environments.
8        (3) The ability to carry out critical, time-sensitive,
9    and complex problem solving during physical exertion in
10    stressful and hazardous environments. The testing
11    environment may be hot and dark with tightly enclosed
12    spaces, flashing lights, sirens, and other distractions.
13    The tests utilized to measure each applicant's
14capabilities in each of these dimensions may be tests based on
15industry standards currently in use or equivalent tests
16approved by the Joint Labor-Management Committee of the Office
17of the State Fire Marshal.
18    Physical ability examinations administered under this
19Section shall be conducted with a reasonable number of proctors
20and monitors, open to the public, and subject to reasonable
21regulations of the commission.
22    (g) Scoring of examination components. Appointing
23authorities may create a preliminary eligibility register. A
24person shall be placed on the list based upon his or her
25passage of the written examination or the passage of the
26written examination and the physical ability component.

 

 

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1Passage of the written examination means attaining the minimum
2score set by the commission. Minimum scores should be set by
3the commission so as to demonstrate a candidate's ability to
4perform the essential functions of the job. The minimum score
5set by the commission shall be supported by appropriate
6validation evidence and shall comply with all applicable State
7state and federal laws. The appointing authority may conduct
8the physical ability component and any subjective components
9subsequent to the posting of the preliminary eligibility
10register.
11    The examination components for an initial eligibility
12register shall be graded on a 100-point scale. A person's
13position on the list shall be determined by the following: (i)
14the person's score on the written examination, (ii) the person
15successfully passing the physical ability component, and (iii)
16the person's results on any subjective component as described
17in subsection (d).
18    In order to qualify for placement on the final eligibility
19register, an applicant's score on the written examination,
20before any applicable preference points or subjective points
21are applied, shall be at or above the minimum score as set by
22the commission. The local appointing authority may prescribe
23the score to qualify for placement on the final eligibility
24register, but the score shall not be less than the minimum
25score set by the commission.
26    The commission shall prepare and keep a register of persons

 

 

HB3203- 30 -LRB099 08813 AWJ 28984 b

1whose total score is not less than the minimum score for
2passage and who have passed the physical ability examination.
3These persons shall take rank upon the register as candidates
4in the order of their relative excellence based on the highest
5to the lowest total points scored on the mental aptitude,
6subjective component, and preference components of the test
7administered in accordance with this Section. No more than 60
8days after each examination, an initial eligibility list shall
9be posted by the commission. The list shall include the final
10grades of the candidates without reference to priority of the
11time of examination and subject to claim for preference credit.
12    Commissions may conduct additional examinations, including
13without limitation a polygraph test, after a final eligibility
14register is established and before it expires with the
15candidates ranked by total score without regard to date of
16examination. No more than 60 days after each examination, an
17initial eligibility list shall be posted by the commission
18showing the final grades of the candidates without reference to
19priority of time of examination and subject to claim for
20preference credit.
21    (h) Preferences. The following are preferences:
22        (1) Veteran preference. Persons who were engaged in the
23    military service of the United States for a period of at
24    least one year of active duty and who were honorably
25    discharged therefrom, or who are now or have been members
26    on inactive or reserve duty in such military or naval

 

 

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1    service, shall be preferred for appointment to and
2    employment with the fire department of an affected
3    department.
4        (2) Fire cadet preference. Persons who have
5    successfully completed 2 years of study in fire techniques
6    or cadet training within a cadet program established under
7    the rules of the Joint Labor and Management Committee
8    (JLMC), as defined in Section 50 of the Fire Department
9    Promotion Act, may be preferred for appointment to and
10    employment with the fire department.
11        (3) Educational preference. Persons who have
12    successfully obtained an associate's degree in the field of
13    fire service or emergency medical services, or a bachelor's
14    degree from an accredited college or university may be
15    preferred for appointment to and employment with the fire
16    department.
17        (4) Paramedic preference. Persons who have obtained a
18    license as a paramedic shall be preferred for appointment
19    to and employment with the fire department of an affected
20    department providing emergency medical services.
21        (5) Experience preference. All persons employed by a
22    municipality who have been paid-on-call or part-time
23    certified Firefighter II, State of Illinois or nationally
24    licensed EMT, EMT-I, A-EMT, or any combination of those
25    capacities shall be awarded 0.5 point for each year of
26    successful service in one or more of those capacities, up

 

 

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1    to a maximum of 5 points. Certified Firefighter III and
2    State of Illinois or nationally licensed paramedics shall
3    be awarded one point per year up to a maximum of 5 points.
4    Applicants from outside the municipality who were employed
5    as full-time firefighters or firefighter-paramedics by a
6    fire protection district or another municipality for at
7    least 2 years shall be awarded 5 experience preference
8    points. These additional points presuppose a rating scale
9    totaling 100 points available for the eligibility list. If
10    more or fewer points are used in the rating scale for the
11    eligibility list, the points awarded under this subsection
12    shall be increased or decreased by a factor equal to the
13    total possible points available for the examination
14    divided by 100.
15        Upon request by the commission, the governing body of
16    the municipality or in the case of applicants from outside
17    the municipality the governing body of any fire protection
18    district or any other municipality shall certify to the
19    commission, within 10 days after the request, the number of
20    years of successful paid-on-call, part-time, or full-time
21    service of any person. A candidate may not receive the full
22    amount of preference points under this subsection if the
23    amount of points awarded would place the candidate before a
24    veteran on the eligibility list. If more than one candidate
25    receiving experience preference points is prevented from
26    receiving all of their points due to not being allowed to

 

 

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1    pass a veteran, the candidates shall be placed on the list
2    below the veteran in rank order based on the totals
3    received if all points under this subsection were to be
4    awarded. Any remaining ties on the list shall be determined
5    by lot.
6        (6) Residency preference. Applicants whose principal
7    residence is located within the fire department's
8    jurisdiction shall be preferred for appointment to and
9    employment with the fire department.
10        (7) Additional preferences. Up to 5 additional
11    preference points may be awarded for unique categories
12    based on an applicant's experience or background as
13    identified by the commission.
14        (8) Scoring of preferences. The commission shall give
15    preference for original appointment to persons designated
16    in item (1) by adding to the final grade that they receive
17    5 points for the recognized preference achieved. The
18    commission shall determine the number of preference points
19    for each category except (1). The number of preference
20    points for each category shall range from 0 to 5. In
21    determining the number of preference points, the
22    commission shall prescribe that if a candidate earns the
23    maximum number of preference points in all categories, that
24    number may not be less than 10 nor more than 30. The
25    commission shall give preference for original appointment
26    to persons designated in items (2) through (7) by adding

 

 

HB3203- 34 -LRB099 08813 AWJ 28984 b

1    the requisite number of points to the final grade for each
2    recognized preference achieved. The numerical result thus
3    attained shall be applied by the commission in determining
4    the final eligibility list and appointment from the
5    eligibility list. The local appointing authority may
6    prescribe the total number of preference points awarded
7    under this Section, but the total number of preference
8    points shall not be less than 10 points or more than 30
9    points.
10    No person entitled to any preference shall be required to
11claim the credit before any examination held under the
12provisions of this Section, but the preference shall be given
13after the posting or publication of the initial eligibility
14list or register at the request of a person entitled to a
15credit before any certification or appointments are made from
16the eligibility register, upon the furnishing of verifiable
17evidence and proof of qualifying preference credit. Candidates
18who are eligible for preference credit shall make a claim in
19writing within 10 days after the posting of the initial
20eligibility list, or the claim shall be deemed waived. Final
21eligibility registers shall be established after the awarding
22of verified preference points. All employment shall be subject
23to the commission's initial hire background review including,
24but not limited to, criminal history, employment history, moral
25character, oral examination, and medical and psychological
26examinations, all on a pass-fail basis. The medical and

 

 

HB3203- 35 -LRB099 08813 AWJ 28984 b

1psychological examinations must be conducted last, and may only
2be performed after a conditional offer of employment has been
3extended.
4    Any person placed on an eligibility list who exceeds the
5age requirement before being appointed to a fire department
6shall remain eligible for appointment until the list is
7abolished, or his or her name has been on the list for a period
8of 2 years. No person who has attained the age of 35 years
9shall be inducted into a fire department, except as otherwise
10provided in this Section.
11    The commission shall strike off the names of candidates for
12original appointment after the names have been on the list for
13more than 2 years.
14    (i) Moral character. No person shall be appointed to a fire
15department unless he or she is a person of good character; not
16a habitual drunkard, a gambler, or a person who has been
17convicted of a felony or a crime involving moral turpitude.
18However, no person shall be disqualified from appointment to
19the fire department because of the person's record of
20misdemeanor convictions except those under Sections 11-6,
2111-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2212-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2331-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
241, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
25Criminal Code of 2012, or arrest for any cause without
26conviction thereon. Any such person who is in the department

 

 

HB3203- 36 -LRB099 08813 AWJ 28984 b

1may be removed on charges brought for violating this subsection
2and after a trial as hereinafter provided.
3    A classifiable set of the fingerprints of every person who
4is offered employment as a certificated member of an affected
5fire department whether with or without compensation, shall be
6furnished to the Illinois Department of State Police and to the
7Federal Bureau of Investigation by the commission.
8    Whenever a commission is authorized or required by law to
9consider some aspect of criminal history record information for
10the purpose of carrying out its statutory powers and
11responsibilities, then, upon request and payment of fees in
12conformance with the requirements of Section 2605-400 of the
13State Police Law of the Civil Administrative Code of Illinois,
14the Department of State Police is authorized to furnish,
15pursuant to positive identification, the information contained
16in State files as is necessary to fulfill the request.
17    (j) Temporary appointments. In order to prevent a stoppage
18of public business, to meet extraordinary exigencies, or to
19prevent material impairment of the fire department, the
20commission may make temporary appointments, to remain in force
21only until regular appointments are made under the provisions
22of this Division, but never to exceed 60 days. No temporary
23appointment of any one person shall be made more than twice in
24any calendar year.
25    (k) A person who knowingly divulges or receives test
26questions or answers before a written examination, or otherwise

 

 

HB3203- 37 -LRB099 08813 AWJ 28984 b

1knowingly violates or subverts any requirement of this Section,
2commits a violation of this Section and may be subject to
3charges for official misconduct.
4    A person who is the knowing recipient of test information
5in advance of the examination shall be disqualified from the
6examination or discharged from the position to which he or she
7was appointed, as applicable, and otherwise subjected to
8disciplinary actions.
9(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
1097-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
118-15-14, revised 10-2-14.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.