Illinois General Assembly - Full Text of HB0174
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Full Text of HB0174  102nd General Assembly

HB0174 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0174

 

Introduced 1/22/2021, by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 742/5

    Amends the Fire Department Promotion Act. Makes a technical change in a Section concerning definitions.


LRB102 04317 AWJ 14335 b

 

 

A BILL FOR

 

HB0174LRB102 04317 AWJ 14335 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 5 as follows:
 
6    (50 ILCS 742/5)
7    Sec. 5. Definitions. In this Act:
8    "Affected department" or "department" means a full-time
9municipal fire department that that is subject to a collective
10bargaining agreement or the fire department operated by a
11full-time fire protection district. The terms do not include
12fire departments operated by the State, a university, or a
13municipality with a population over 1,000,000 or any unit of
14local government other than a municipality or fire protection
15district. The terms also do not include a combined department
16that was providing both police and firefighting services on
17January 1, 2002.
18    "Appointing authority" means the Board of Fire and Police
19Commissioners, Board of Fire Commissioners, Civil Service
20Commissioners, Superintendent or Department Head, Fire
21Protection District Board of Trustees, or other entity having
22the authority to administer and grant promotions in an
23affected department.

 

 

HB0174- 2 -LRB102 04317 AWJ 14335 b

1    "Promotion" means any appointment or advancement to a rank
2within the affected department (1) for which an examination
3was required before January 1, 2002; (2) that is included
4within a bargaining unit; or (3) that is the next rank
5immediately above the highest rank included within a
6bargaining unit, provided such rank is not the only rank
7between the Fire Chief and the highest rank included within
8the bargaining unit, or is a rank otherwise excepted under
9item (i), (ii), (iii), (iv), or (v) of this definition.
10"Promotion" does not include appointments (i) that are for
11fewer than 180 days; (ii) to the positions of Superintendent,
12Chief, or other chief executive officer; (iii) to an
13exclusively administrative or executive rank for which an
14examination is not required; (iv) to a rank that was exempted
15by a home rule municipality prior to January 1, 2002, provided
16that after the effective date of this Act no home rule
17municipality may exempt any future or existing ranks from the
18provisions of this Act; or (v) to an administrative rank
19immediately below the Superintendent, Chief, or other chief
20executive officer of an affected department, provided such
21rank shall not be held by more than 2 persons and there is a
22promoted rank immediately below it. Notwithstanding the
23exceptions to the definition of "promotion" set forth in items
24(i), (ii), (iii), (iv), and (v) of this definition, promotions
25shall include any appointments to ranks covered by the terms
26of a collective bargaining agreement in effect on the

 

 

HB0174- 3 -LRB102 04317 AWJ 14335 b

1effective date of this Act.
2    "Preliminary promotion list" means the rank order of
3eligible candidates established in accordance with subsection
4(b) of Section 20 prior to applicable veteran's preference
5points. A person on the preliminary promotion list who is
6eligible for veteran's preference under the laws and
7agreements applicable to the appointing authority may file a
8written application for that preference within 10 days after
9the initial posting of the preliminary promotion list. The
10preference shall be calculated in accordance with Section 55
11and applied as an addition to the person's total point score on
12the examination. The appointing authority shall make
13adjustments to the preliminary promotion list based on any
14veteran's preference claimed and the final adjusted promotion
15list shall then be posted by the appointing authority.
16    "Rank" means any position within the chain of command of a
17fire department to which employees are regularly assigned to
18perform duties related to providing fire suppression, fire
19prevention, or emergency services.
20    "Final adjusted promotion list" means the promotion list
21for the position that is in effect on the date the position is
22created or the vacancy occurs. If there is no final adjusted
23promotion list in effect for that position on that date, or if
24all persons on the current final adjusted promotion list for
25that position refuse the promotion, the affected department
26shall not make a permanent promotion until a new final

 

 

HB0174- 4 -LRB102 04317 AWJ 14335 b

1adjusted promotion list has been prepared in accordance with
2this Act, but may make a temporary appointment to fill the
3vacancy. Temporary appointments shall not exceed 180 days.
4    Each component of the promotional test shall be scored on
5a scale of 100 points. The component scores shall then be
6reduced by the weighting factor assigned to the component on
7the test and the scores of all components shall be added to
8produce a total score based on a scale of 100 points.
9(Source: P.A. 93-411, eff. 8-4-03.)