Illinois 2023-2024 Regular Session

Illinois House Bill HB3115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3115 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: New Act 55 ILCS 5/3-7010 from Ch. 34, par. 3-7010 55 ILCS 5/3-8012 from Ch. 34, par. 3-8012 65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13 65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15 30 ILCS 805/8.47 new Creates the Police Department Promotion Act. Requires municipal police departments and sheriff departments to make promotions in accordance with the Act. Requires the preparation and publishing of promotion lists. Sets components that may be included in the promotion process. Sets requirements for written examinations, the award of seniority points, the award of ascertained merit points, subjective evaluations, and the award of veterans' preferences. Sets penalties for violations of the Act. Limits the concurrent exercise of home rule powers. Contains other provisions. Amends the Counties Code and Illinois Municipal Code to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 25473 AWJ 51822 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3115 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: New Act 55 ILCS 5/3-7010 from Ch. 34, par. 3-7010 55 ILCS 5/3-8012 from Ch. 34, par. 3-8012 65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13 65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15 30 ILCS 805/8.47 new New Act 55 ILCS 5/3-7010 from Ch. 34, par. 3-7010 55 ILCS 5/3-8012 from Ch. 34, par. 3-8012 65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13 65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15 30 ILCS 805/8.47 new Creates the Police Department Promotion Act. Requires municipal police departments and sheriff departments to make promotions in accordance with the Act. Requires the preparation and publishing of promotion lists. Sets components that may be included in the promotion process. Sets requirements for written examinations, the award of seniority points, the award of ascertained merit points, subjective evaluations, and the award of veterans' preferences. Sets penalties for violations of the Act. Limits the concurrent exercise of home rule powers. Contains other provisions. Amends the Counties Code and Illinois Municipal Code to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 25473 AWJ 51822 b LRB103 25473 AWJ 51822 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3115 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	New Act 55 ILCS 5/3-7010 from Ch. 34, par. 3-7010 55 ILCS 5/3-8012 from Ch. 34, par. 3-8012 65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13 65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15 30 ILCS 805/8.47 new New Act 55 ILCS 5/3-7010 from Ch. 34, par. 3-7010 55 ILCS 5/3-8012 from Ch. 34, par. 3-8012 65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13 65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15 30 ILCS 805/8.47 new
4	4	New Act
5	5	55 ILCS 5/3-7010 from Ch. 34, par. 3-7010
6	6	55 ILCS 5/3-8012 from Ch. 34, par. 3-8012
7	7	65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13
8	8	65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15
9	9	30 ILCS 805/8.47 new
10	10	Creates the Police Department Promotion Act. Requires municipal police departments and sheriff departments to make promotions in accordance with the Act. Requires the preparation and publishing of promotion lists. Sets components that may be included in the promotion process. Sets requirements for written examinations, the award of seniority points, the award of ascertained merit points, subjective evaluations, and the award of veterans' preferences. Sets penalties for violations of the Act. Limits the concurrent exercise of home rule powers. Contains other provisions. Amends the Counties Code and Illinois Municipal Code to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
11	11	LRB103 25473 AWJ 51822 b LRB103 25473 AWJ 51822 b
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13	13	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
14	14	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
15	15	A BILL FOR
16	16	HB3115LRB103 25473 AWJ 51822 b HB3115 LRB103 25473 AWJ 51822 b
17	17	HB3115 LRB103 25473 AWJ 51822 b
18	18	1 AN ACT concerning local government.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 1. Short title. This Act may be cited as the Police
22	22	5 Department Promotion Act.
23	23	6 Section 5. Definitions. In this Act:
24	24	7 "Affected department" or "department" means a full-time
25	25	8 municipal police department that is subject to a collective
26	26	9 bargaining agreement or the full-time members of a police
27	27	10 department operated by a county sheriff. "Affected department"
28	28	11 or "department" does not include police departments operated
29	29	12 by the State or a municipality with a population over
30	30	13 1,000,000 or a combined department that was providing both
31	31	14 police and firefighting services on January 1, 2002.
32	32	15 "Appointing authority" means a board of fire and police
33	33	16 commissioners, board of police commissioners, Sheriff's Merit
34	34	17 Commission, civil service commissioners, superintendent or
35	35	18 department head, or other entity having the authority to
36	36	19 administer and grant promotions in an affected department.
37	37	20 "Promotion" means any appointment or advancement to a rank
38	38	21 within the affected department (1) for which an examination
39	39	22 was required before January 1, 2022; (2) that is included
40	40	23 within a bargaining unit; or (3) that is the next rank
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44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3115 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
45	45	New Act 55 ILCS 5/3-7010 from Ch. 34, par. 3-7010 55 ILCS 5/3-8012 from Ch. 34, par. 3-8012 65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13 65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15 30 ILCS 805/8.47 new New Act 55 ILCS 5/3-7010 from Ch. 34, par. 3-7010 55 ILCS 5/3-8012 from Ch. 34, par. 3-8012 65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13 65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15 30 ILCS 805/8.47 new
46	46	New Act
47	47	55 ILCS 5/3-7010 from Ch. 34, par. 3-7010
48	48	55 ILCS 5/3-8012 from Ch. 34, par. 3-8012
49	49	65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13
50	50	65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15
51	51	30 ILCS 805/8.47 new
52	52	Creates the Police Department Promotion Act. Requires municipal police departments and sheriff departments to make promotions in accordance with the Act. Requires the preparation and publishing of promotion lists. Sets components that may be included in the promotion process. Sets requirements for written examinations, the award of seniority points, the award of ascertained merit points, subjective evaluations, and the award of veterans' preferences. Sets penalties for violations of the Act. Limits the concurrent exercise of home rule powers. Contains other provisions. Amends the Counties Code and Illinois Municipal Code to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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55	55	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
56	56	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
57	57	A BILL FOR
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63	63	New Act
64	64	55 ILCS 5/3-7010 from Ch. 34, par. 3-7010
65	65	55 ILCS 5/3-8012 from Ch. 34, par. 3-8012
66	66	65 ILCS 5/10-1-13 from Ch. 24, par. 10-1-13
67	67	65 ILCS 5/10-2.1-15 from Ch. 24, par. 10-2.1-15
68	68	30 ILCS 805/8.47 new
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91	91	1 immediately above the highest rank included within a
92	92	2 bargaining unit, if the next rank is not the only rank between
93	93	3 the police chief or sheriff and the highest rank included
94	94	4 within the bargaining unit, or is a rank otherwise excepted
95	95	5 under item (i), (ii), (iii), (iv), or (v) of this definition.
96	96	6 "Promotion" does not include appointments: (i) that are for
97	97	7 fewer than 180 days; (ii) to the positions of superintendent,
98	98	8 chief, sheriff, or other chief executive officer; (iii) to an
99	99	9 exclusively administrative or executive rank for which an
100	100	10 examination is not required; (iv) to a rank that was exempted
101	101	11 by a home rule municipality prior to January 1, 2022; or (v) to
102	102	12 an administrative rank immediately below the superintendent,
103	103	13 chief, sheriff, or other chief executive officer of an
104	104	14 affected department if the rank shall not be held by more than
105	105	15 2 persons and there is a promoted rank immediately below it.
106	106	16 Notwithstanding the exceptions to the definition of
107	107	17 "promotion" set forth in items (i), (ii), (iii), (iv), and (v)
108	108	18 of this definition, "promotion" includes any appointments to
109	109	19 ranks covered by the terms of a collective bargaining
110	110	20 agreement in effect on the effective date of this Act.
111	111	21 "Preliminary promotion list" means the rank order of
112	112	22 eligible candidates established in accordance with subsection
113	113	23 (b) of Section 20 prior to applicable veteran's preference
114	114	24 points.
115	115	25 "Rank" means any position within the chain of command of
116	116	26 an affected department to which employees are regularly
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127	127	1 assigned to perform duties related to providing law
128	128	2 enforcement, criminal investigation, or emergency services.
129	129	3 "Final-adjusted promotion list" means the promotion list
130	130	4 for the position that is in effect on the date the position is
131	131	5 created or the vacancy occurs. If there is no final-adjusted
132	132	6 promotion list in effect for that position on that date, or if
133	133	7 all persons on the current final-adjusted promotion list for
134	134	8 that position refuse the promotion, the affected department
135	135	9 shall not make a permanent promotion until a new
136	136	10 final-adjusted promotion list has been prepared in accordance
137	137	11 with this Act, but may make a temporary appointment to fill the
138	138	12 vacancy. Temporary appointments shall not exceed 180 days.
139	139	13 Section 10. Applicability; home rule.
140	140	14 (a) This Act shall apply to all positions in an affected
141	141	15 department, except those specifically excluded in items (i),
142	142	16 (ii), (iii), (iv), and (v) of the definition of "promotion" in
143	143	17 Section 5, unless the positions are covered by a collective
144	144	18 bargaining agreement in force on the effective date of this
145	145	19 Act. Existing promotion lists shall continue to be valid until
146	146	20 their expiration dates or up to a maximum of 3 years after the
147	147	21 effective date of this Act.
148	148	22 (b) Notwithstanding any statute, ordinance, rule, or other
149	149	23 law to the contrary, all promotions in an affected department
150	150	24 to which this Act applies shall be administered in the manner
151	151	25 provided for in this Act. Provisions of the Illinois Municipal
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162	162	1 Code, municipal ordinances, or rules adopted pursuant to such
163	163	2 authority and other laws relating to promotions in affected
164	164	3 departments shall continue to apply to the extent they are
165	165	4 compatible with this Act, but, if this Act conflicts with any
166	166	5 other law, this Act controls.
167	167	6 (c) A home rule or non-home rule municipality may not
168	168	7 administer an affected department promotion process in a
169	169	8 manner that is inconsistent with this Act. This Section is a
170	170	9 limitation under subsection (i) of Section 6 of Article VII of
171	171	10 the Illinois Constitution on the concurrent exercise by home
172	172	11 rule units of the powers and functions exercised by the State.
173	173	12 (d) This Act is intended to serve as a minimum standard and
174	174	13 shall be construed to authorize and not to limit any of the
175	175	14 following:
176	176	15 (1) An appointing authority from establishing
177	177	16 different or supplemental promotional criteria or
178	178	17 components if the criteria are job-related and applied
179	179	18 uniformly.
180	180	19 (2) The right of an exclusive bargaining
181	181	20 representative to require an employer to negotiate clauses
182	182	21 within a collective bargaining agreement relating to
183	183	22 conditions, criteria, or procedures for the promotion of
184	184	23 employees to ranks covered by this Act.
185	185	24 (3) The negotiation by an employer and an exclusive
186	186	25 bargaining representative of provisions within a
187	187	26 collective bargaining agreement to achieve affirmative
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198	198	1 action objectives if the clauses are consistent with
199	199	2 applicable law.
200	200	3 (e) Local authorities and exclusive bargaining agents
201	201	4 affected by this Act may agree to waive one or more of its
202	202	5 provisions and bargain on the contents of those provisions if
203	203	6 any of the waivers are considered permissive subjects of
204	204	7 bargaining.
205	205	8 Section 15. Promotion process.
206	206	9 (a) For the purpose of granting promotion to any rank to
207	207	10 which this Act applies, the appointing authority shall from
208	208	11 time to time, as necessary, administer a promotion process in
209	209	12 accordance with this Act.
210	210	13 (b) Eligibility requirements to participate in the
211	211	14 promotional process may include a minimum requirement as to
212	212	15 the length of employment, education, training, and
213	213	16 certification in subjects and skills related to policing.
214	214	17 After the effective date of this Act, eligibility requirements
215	215	18 shall be published at least one year prior to the date of the
216	216	19 beginning of the promotional process and all members of the
217	217	20 affected department shall be given an equal opportunity to
218	218	21 meet those eligibility requirements.
219	219	22 (c) All aspects of the promotion process shall be equally
220	220	23 accessible to all eligible employees of the department. Every
221	221	24 component of the testing and evaluation procedures shall be
222	222	25 published to all eligible candidates when the announcement of
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233	233	1 promotional testing is made. The scores for each component of
234	234	2 the testing and evaluation procedures shall be disclosed to
235	235	3 each candidate as soon as practicable after the component is
236	236	4 completed.
237	237	5 (d) The appointing authority shall provide a separate
238	238	6 promotional examination for each rank that is filled by
239	239	7 promotion. All examinations for promotion shall be competitive
240	240	8 among the members of the next lower rank who meet the
241	241	9 established eligibility requirements and desire to submit
242	242	10 themselves to examination. The appointing authority may employ
243	243	11 consultants to design and administer promotion examinations or
244	244	12 may adopt any job-related examinations or study materials that
245	245	13 may become available, so long as they comply with the
246	246	14 requirements of this Act.
247	247	15 Section 20. Promotion lists.
248	248	16 (a) For the purpose of granting a promotion to any rank to
249	249	17 which this Act applies, the appointing authority shall from
250	250	18 time to time, as necessary, prepare a preliminary promotion
251	251	19 list in accordance with this Act. The preliminary promotion
252	252	20 list shall be distributed, posted, or otherwise made
253	253	21 conveniently available by the appointing authority to all
254	254	22 members of the department.
255	255	23 (b) A person's position on the preliminary promotion list
256	256	24 shall be determined by a combination of factors, which may
257	257	25 include any of the following: (i) the person's score on the
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268	268	1 written examination for that rank, determined in accordance
269	269	2 with Section 35; (ii) the person's seniority within the
270	270	3 department, determined in accordance with Section 40; (iii)
271	271	4 the person's ascertained merit, determined in accordance with
272	272	5 Section 45; and (iv) the person's score on the subjective
273	273	6 evaluation, determined in accordance with Section 50.
274	274	7 Candidates shall be ranked on the list in rank order based on
275	275	8 the highest to the lowest total points scored on all the
276	276	9 components of the test. Promotional components shall be
277	277	10 determined and administered in accordance with the referenced
278	278	11 Section, unless otherwise modified or agreed to as provided by
279	279	12 paragraph (1) or (2) of subsection (d) of Section 10. The use
280	280	13 of physical criteria, including, but not limited to, fitness
281	281	14 testing, agility testing, and medical evaluations, is
282	282	15 specifically barred from the promotion process. Each
283	283	16 promotional component of the test shall be scored on a scale of
284	284	17 100 points. The component scores shall then be reduced by the
285	285	18 weighting factor assigned to the component on the test and the
286	286	19 scores of all components shall be added to produce a total
287	287	20 score based on a scale of 100 points.
288	288	21 (c) A person on the preliminary promotion list who is
289	289	22 eligible for a veteran's preference under the laws and
290	290	23 agreements applicable to the department may file a written
291	291	24 application for that preference within 10 days after the
292	292	25 initial posting of the preliminary promotion list. The
293	293	26 preference shall be calculated as provided under Section 55
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304	304	1 and added to the total score achieved by the candidate on the
305	305	2 test. The appointing authority shall then make adjustments to
306	306	3 the rank order of the preliminary promotion list based on any
307	307	4 veteran's preferences awarded. The final-adjusted promotion
308	308	5 list shall then be distributed, posted, or otherwise made
309	309	6 conveniently available by the appointing authority to all
310	310	7 members of the department.
311	311	8 (d) Whenever a promotional rank is created or becomes
312	312	9 vacant due to resignation, discharge, promotion, death, the
313	313	10 granting of a disability or retirement pension, or any other
314	314	11 cause, the appointing authority shall appoint to that position
315	315	12 the person with the highest ranking on the final promotion
316	316	13 list for that rank, except that the appointing authority shall
317	317	14 have the right to pass over that person and appoint the next
318	318	15 highest ranked person on the list if the appointing authority
319	319	16 has reason to conclude that the highest ranking person has
320	320	17 demonstrated substantial shortcomings in work performance or
321	321	18 has engaged in misconduct affecting the person's ability to
322	322	19 perform the duties of the promoted rank since the posting of
323	323	20 the promotion list. If the highest ranking person is passed
324	324	21 over, the appointing authority shall document its reasons for
325	325	22 its decision to select the next highest ranking person on the
326	326	23 list. Unless the reasons for passing over the highest ranking
327	327	24 person are not remediable, a person who is the highest ranking
328	328	25 person on the list at the time of the vacancy may not be passed
329	329	26 over more than once. Any dispute as to the selection of the
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340	340	1 first or second highest ranking person shall be subject to
341	341	2 resolution in accordance with any grievance procedure in
342	342	3 effect covering the employee.
343	343	4 A vacancy occurs in a position on the date upon which the
344	344	5 position is vacated, and, on that same date, a vacancy occurs
345	345	6 in all ranks inferior to that rank if the position or positions
346	346	7 continue to be funded and authorized by the corporate
347	347	8 authorities. If a vacated position is not filled due to a lack
348	348	9 of funding or authorization and is subsequently reinstated,
349	349	10 the final promotion list shall be continued in effect until
350	350	11 all positions vacated have been filled or for a period up to 5
351	351	12 years beginning from the date on which the position was
352	352	13 vacated. In such event, the candidate or candidates who would
353	353	14 have otherwise been promoted when the vacancy originally
354	354	15 occurred shall be promoted.
355	355	16 Any candidate may refuse a promotion once without losing
356	356	17 his or her position on the final-adjusted promotion list. Any
357	357	18 candidate who refuses promotion a second time shall be removed
358	358	19 from the final-adjusted promotion list if the action doesn't
359	359	20 prejudice a person's opportunities to participate in future
360	360	21 promotion examinations.
361	361	22 (e) A final-adjusted promotion list shall remain valid and
362	362	23 unaltered for a period of not less than 2 nor more than 3 years
363	363	24 after the date of the initial posting. Integrated lists are
364	364	25 prohibited, and, when a list expires, it shall be void, except
365	365	26 as provided in subsection (d) of this Section. If a promotion
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376	376	1 list is not in effect, a successor list shall be prepared and
377	377	2 distributed within 180 days after a vacancy, as defined in
378	378	3 subsection (d) of this Section.
379	379	4 (f) This Section does not apply to the initial hiring
380	380	5 list.
381	381	6 Section 25. Monitoring.
382	382	7 (a) All aspects of the promotion process, including,
383	383	8 without limitation, the administration, scoring, and posting
384	384	9 of scores for the written examination and subjective
385	385	10 evaluation and the determination and posting of seniority and
386	386	11 ascertained merit scores, shall be subject to monitoring and
387	387	12 review in accordance with this Section and Sections 30 and 50.
388	388	13 (b) Two impartial persons who are not members of the
389	389	14 affected department shall be selected to act as observers by
390	390	15 the exclusive bargaining agent. The appointing authorities may
391	391	16 also select 2 additional impartial observers.
392	392	17 (c) The observers monitoring the promotion process are
393	393	18 authorized to be present and observe when any component of the
394	394	19 test is administered or scored. Except as otherwise agreed to
395	395	20 in a collective bargaining agreement, observers may not
396	396	21 interfere with the promotion process, but shall promptly
397	397	22 report any observed or suspected violation of the requirements
398	398	23 of this Act or an applicable collective bargaining agreement
399	399	24 to the appointing authority and all other affected parties.
400	400	25 (d) The provisions of this Section do not apply to the
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411	411	1 extent that they are inconsistent with provisions otherwise
412	412	2 agreed to in a collective bargaining agreement.
413	413	3 Section 30. Promotion examination components. Promotion
414	414	4 examinations that include components consisting of written
415	415	5 examinations, seniority points, ascertained merit, or
416	416	6 subjective evaluations shall be administered as provided in
417	417	7 Sections 35, 40, 45, and 50. The weight, if any, that is given
418	418	8 to any component included in a test may be set at the
419	419	9 discretion of the appointing authority if the weight is
420	420	10 subject to modification by the terms of any collective
421	421	11 bargaining agreement in effect on the effective date of this
422	422	12 Act or thereafter by negotiations between the employer and an
423	423	13 exclusive bargaining representative. If the appointing
424	424	14 authority establishes a minimum passing score, the score shall
425	425	15 be announced prior to the date of the promotion process, and it
426	426	16 must be an aggregate of all components of the testing process.
427	427	17 All candidates shall be allowed to participate in all
428	428	18 components of the testing process irrespective of their score
429	429	19 on any one component. The provisions of this Section do not
430	430	20 apply to the extent that they are inconsistent with provisions
431	431	21 otherwise agreed to in a collective bargaining agreement.
432	432	22 Section 35. Written examinations.
433	433	23 (a) The appointing authority may not condition eligibility
434	434	24 to take the written examination on the candidate's score on
435	435
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445	445	1 any of the previous components of the examination. The written
446	446	2 examination for a particular rank shall consist of matters
447	447	3 relating to the duties regularly performed by persons holding
448	448	4 that rank within the department. The examination shall be
449	449	5 based only on the contents of written materials that the
450	450	6 appointing authority has identified and made readily available
451	451	7 to potential examinees at least 90 days before the examination
452	452	8 is administered. The test questions and material must be
453	453	9 pertinent to the particular rank for which the examination is
454	454	10 being given. The written examination shall be administered
455	455	11 after the determination and posting of the seniority list,
456	456	12 ascertained merit points, and subjective evaluation scores.
457	457	13 The written examination shall be administered, the test
458	458	14 materials opened, and the results scored and tabulated.
459	459	15 (b) Written examinations shall be graded at the
460	460	16 examination site on the day of the examination immediately
461	461	17 upon completion of the test in front of the observers if the
462	462	18 observers are appointed under Section 25, or, if the tests are
463	463	19 graded offsite by a bona fide testing agency, the observers
464	464	20 shall witness the sealing and the shipping of the tests for
465	465	21 grading and the subsequent opening of the scores upon the
466	466	22 return from the testing agency. Every examinee shall have the
467	467	23 right (i) to obtain his or her score on the examination on the
468	468	24 day of the examination or upon the day of its return from the
469	469	25 testing agency (or the appointing authority shall require the
470	470	26 testing agency to mail the individual scores to any address
471	471
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481	481	1 submitted by the candidates on the day of the examination),
482	482	2 and (ii) to review the answers to the examination that the
483	483	3 examiners consider correct. The appointing authority may hold
484	484	4 a review session after the examination for the purpose of
485	485	5 gathering feedback on the examination from the candidates. The
486	486	6 review sessions shall be at no cost to the candidates.
487	487	7 (c) Sample written examinations may be examined by the
488	488	8 appointing authority and members of the department, but no
489	489	9 person in the department or the appointing authority
490	490	10 (including the chief, civil service commissioners, board of
491	491	11 fire and police commissioners, board of police commissioners,
492	492	12 Sheriff's Merit Commission, and other appointed or elected
493	493	13 officials) may see or examine the specific questions on the
494	494	14 actual written examination before the examination is
495	495	15 administered. If a sample examination is used, actual test
496	496	16 questions shall not be included. It is a violation of this Act
497	497	17 for any member of the department or the appointing authority
498	498	18 to obtain or divulge foreknowledge of the contents of the
499	499	19 written examination before it is administered.
500	500	20 (d) Each department shall maintain reading and study
501	501	21 materials for its current written examination and the reading
502	502	22 list for the last 2 written examinations or for a period of 5
503	503	23 years, whichever is less, for each rank and shall make these
504	504	24 materials available and accessible at each duty station.
505	505	25 (e) The provisions of this Section do not apply to the
506	506	26 extent that they are in conflict with provisions otherwise
507	507
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517	517	1 agreed to in a collective bargaining agreement.
518	518	2 Section 40. Seniority points.
519	519	3 (a) Seniority points shall be based only upon service with
520	520	4 the affected department and shall be calculated as of the date
521	521	5 of the written examination. The weight of this component and
522	522	6 its computation shall be determined by the appointing
523	523	7 authority or through a collective bargaining agreement.
524	524	8 (b) A seniority list shall be posted before the written
525	525	9 examination is given and before the preliminary promotion list
526	526	10 is compiled. The seniority list shall include the seniority
527	527	11 date, any breaks in service, the total number of eligible
528	528	12 years, and the number of seniority points.
529	529	13 Section 45. Ascertained merit.
530	530	14 (a) The promotion test may include points for ascertained
531	531	15 merit. Ascertained merit points may be awarded for education,
532	532	16 training, and certification in subjects and skills related to
533	533	17 policing. The basis for granting ascertained merit points,
534	534	18 after the effective date of this Act, shall be published at
535	535	19 least one year prior to the date ascertained merit points are
536	536	20 awarded and all persons eligible to compete for promotion
537	537	21 shall be given an equal opportunity to obtain ascertained
538	538	22 merit points unless otherwise agreed to in a collective
539	539	23 bargaining agreement.
540	540	24 (b) Total points awarded for ascertained merit shall be
541	541
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551	551	1 posted before the written examination is administered and
552	552	2 before the promotion list is compiled.
553	553	3 Section 50. Subjective evaluation.
554	554	4 (a) A promotion test may include subjective evaluation
555	555	5 components. Subjective evaluations may include an oral
556	556	6 interview, tactical evaluation, performance evaluation, or
557	557	7 other component based on subjective evaluation of the
558	558	8 examinee. The methods used for subjective evaluations may
559	559	9 include using any employee assessment centers, evaluation
560	560	10 systems, chief's points, or other methods.
561	561	11 (b) Any subjective component shall be identified to all
562	562	12 candidates prior to its application, be job-related, and be
563	563	13 applied uniformly to all candidates. Every examinee shall have
564	564	14 the right to documentation of his or her score on the
565	565	15 subjective component upon the completion of the subjective
566	566	16 examination component or its application. A designated
567	567	17 representative of the contracting union party shall be
568	568	18 notified and be entitled to be present to monitor any
569	569	19 preliminary meeting between certified assessors or
570	570	20 representatives of a testing agency and representatives of the
571	571	21 appointing authority held prior to the administration of the
572	572	22 test to candidates for promotion.
573	573	23 (c) Where chief's points or other subjective methods are
574	574	24 employed that are not amenable to monitoring, monitors shall
575	575	25 not be required, but any disputes as to the results of such
576	576
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586	586	1 methods shall be subject to resolution in accordance with any
587	587	2 collectively bargained grievance procedure in effect at the
588	588	3 time of the test.
589	589	4 (d) Where performance evaluations are used as a basis for
590	590	5 promotions, they shall be given annually and made readily
591	591	6 available to each candidate for review and they shall include
592	592	7 any disagreement or documentation the employee provides to
593	593	8 refute or contest the evaluation. These annual evaluations are
594	594	9 not subject to grievance procedures, unless used for points in
595	595	10 the promotion process.
596	596	11 (e) Total points awarded for subjective components shall
597	597	12 be posted before the written examination is administered and
598	598	13 before the promotion list is compiled.
599	599	14 (f) Persons selected to grade candidates for promotion
600	600	15 during an assessment center process shall be impartial
601	601	16 professionals who have undergone training to be certified
602	602	17 assessors. The training and certification requirements shall,
603	603	18 at a minimum, provide that, to obtain and maintain
604	604	19 certification, assessors shall complete a course of basic
605	605	20 training, subscribe to a code of ethical conduct, complete
606	606	21 continuing education, and satisfy minimum activity levels.
607	607	22 (g) The standards for certification shall be established
608	608	23 by the Police Joint Labor and Management Committee (Committee)
609	609	24 composed of 6 members: 2 designated by a statewide association
610	610	25 whose membership is predominantly police chiefs representing
611	611	26 management interests of the affected departments, one
612	612
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622	622	1 designated by a statewide association whose membership is
623	623	2 predominantly sheriffs representing management interests of
624	624	3 the affected departments, and 3 designated by 3 different
625	625	4 statewide labor organizations representative of sworn or
626	626	5 commissioned police officers in Illinois having at least 2,000
627	627	6 members. The statewide labor organizations will nominate
628	628	7 proposed representatives for the Committee and shall be
629	629	8 subject to approval by the Illinois Law Enforcement Training
630	630	9 Standards Board (Board). Members may serve terms of one year
631	631	10 subject to reappointment.
632	632	11 In developing certification standards the Committee may
633	633	12 seek the advice and counsel of professionals and experts and
634	634	13 may appoint an advisory committee.
635	635	14 The Committee may charge reasonable fees that are related
636	636	15 to the costs of administering authorized programs and
637	637	16 conducting classes, including, without limitation, the costs
638	638	17 of monitoring programs and classes, to the following: (i)
639	639	18 applicants for certifications or recertifications, (ii)
640	640	19 recipients of certifications or recertifications, and (iii)
641	641	20 individuals and entities approved by the Committee to conduct
642	642	21 programs or classes.
643	643	22 The Committee's initial certification standards shall be
644	644	23 submitted to the Board by January 1, 2024. The Committee may
645	645	24 provisionally certify persons who have prior experience as
646	646	25 assessors on promotional examinations in policing. Effective
647	647	26 January 1, 2024, only those persons who meet the certification
648	648
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658	658	1 standards developed by the Committee and submitted to the
659	659	2 Board may be selected to grade candidates on a subjective
660	660	3 component of a promotional examination conducted under the
661	661	4 authority of this Act; however, the subjective component shall
662	662	5 be waived for persons employed or appointed by the
663	663	6 jurisdiction administering the examination.
664	664	7 The Committee shall annually:
665	665	8 (1) issue public notice offering persons who are
666	666	9 interested in qualifying as certified assessors the
667	667	10 opportunity to enroll in training; and
668	668	11 (2) submit to the Board an amended list of persons who
669	669	12 remain certified, are newly certified, or who are no
670	670	13 longer certified.
671	671	14 (h) The Board shall support the program by adopting
672	672	15 certification standards based on those submitted by the
673	673	16 Committee and by establishing a roster of certified assessors
674	674	17 composed of persons certified by the Committee.
675	675	18 If the parties have not agreed to contract with a
676	676	19 particular testing company to provide certified assessors,
677	677	20 either party may request the Board to provide the names of
678	678	21 certified assessors. Within 7 days after receiving a request
679	679	22 from either party for a list of certified assessors, the Board
680	680	23 shall select at random from the roster of certified assessors
681	681	24 a panel numbering not less than 2 times the number of assessors
682	682	25 required. The parties shall augment the number by a factor of
683	683	26 50% by designating assessors who may serve as alternates to
684	684
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686	686
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694	694	1 the primary assessors.
695	695	2 The parties shall select assessors from the list or lists
696	696	3 provided by the Board or from the panel obtained by the testing
697	697	4 company as provided above. Within 7 days following the receipt
698	698	5 of the list, the parties shall notify the Board of the
699	699	6 assessors they have selected. Unless the parties agree on an
700	700	7 alternate selection procedure, they shall alternatively strike
701	701	8 names from the list provided by the Board until only the number
702	702	9 of required assessors remain. A coin toss shall determine
703	703	10 which party strikes the first name. If the parties fail to
704	704	11 notify the Board in a timely manner of their selection of
705	705	12 assessors, the Board shall appoint the assessors required from
706	706	13 the roster of certified assessors. If an assessor is not able
707	707	14 to participate in the assessment center process for which he
708	708	15 was selected, either of the parties involved in the promotion
709	709	16 process may request that additional names of certified
710	710	17 assessors be provided by the Board.
711	711	18 Section 55. Veterans' preference. A person on a
712	712	19 preliminary promotion list who is eligible for veteran's
713	713	20 preference under any law or agreement applicable to an
714	714	21 affected department may file a written application for that
715	715	22 preference within 10 days after the initial posting of the
716	716	23 preliminary promotion list. The veteran's preference shall be
717	717	24 calculated as provided in the applicable law and added to the
718	718	25 applicant's total score on the preliminary promotion list. Any
719	719
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729	729	1 person who has received a promotion from a promotion list on
730	730	2 which his or her position was adjusted for veteran's
731	731	3 preference, under this Act or any other law, shall not be
732	732	4 eligible for any subsequent veteran's preference under this
733	733	5 Act.
734	734	6 Section 60. Right to review. Any affected person or party
735	735	7 who believes that an error has been made with respect to
736	736	8 eligibility to take an examination, examination result,
737	737	9 placement or position on a promotion list, or veteran's
738	738	10 preference shall be entitled to a review of the matter by the
739	739	11 appointing authority or as otherwise provided by law.
740	740	12 Section 65. Violations.
741	741	13 (a) A person who knowingly divulges or receives test
742	742	14 questions or answers before a written examination, or
743	743	15 otherwise knowingly violates or subverts any requirement of
744	744	16 this Act, commits a violation of this Act and may be subject to
745	745	17 charges for official misconduct.
746	746	18 (b) A person who is the knowing recipient of test
747	747	19 information in advance of the examination shall be
748	748	20 disqualified from the promotion examination or demoted from
749	749	21 the rank to which he was promoted, as applicable and otherwise
750	750	22 subjected to disciplinary actions.
751	751	23 Section 85. The Counties Code is amended by changing
752	752
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762	762	1 Sections 3-7010 and 3-8012 as follows:
763	763	2 (55 ILCS 5/3-7010) (from Ch. 34, par. 3-7010)
764	764	3 Sec. 3-7010. Rules governing appointments and promotions.
765	765	4 All appointments and promotions shall be made in accordance
766	766	5 with the provisions of this Division, the Police Department
767	767	6 Promotion Act, and the rules and regulations of the Board
768	768	7 without considering the political affiliation of any
769	769	8 applicant.
770	770	9 (Source: P.A. 86-962.)
771	771	10 (55 ILCS 5/3-8012) (from Ch. 34, par. 3-8012)
772	772	11 Sec. 3-8012. Rules governing appointments and promotions.
773	773	12 Political affiliation. All appointments and promotions shall
774	774	13 be made in accordance with the provisions of this Division,
775	775	14 the Police Department Promotion Act, and the rules and
776	776	15 regulations of the Commission, without consideration of the
777	777	16 political affiliation of any applicant.
778	778	17 (Source: P.A. 86-962.)
779	779	18 Section 90. The Illinois Municipal Code is amended by
780	780	19 changing Sections 10-1-13 and 10-2.1-15 as follows:
781	781	20 (65 ILCS 5/10-1-13) (from Ch. 24, par. 10-1-13)
782	782	21 Sec. 10-1-13. The commission shall, by its rules, provide
783	783	22 for promotions in such classified service, on the basis of
784	784
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790	790
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794	794	1 ascertained merit and seniority in service and examination and
795	795	2 shall provide, in all cases where it is practicable, that
796	796	3 vacancies shall be filled by promotion. The commission's rules
797	797	4 governing police department promotions shall be consistent
798	798	5 with the Police Department Promotion Act, notwithstanding any
799	799	6 other provision in this Division. All examinations for
800	800	7 promotion shall be competitive among such members of the next
801	801	8 lower rank as desire to submit themselves to such examination
802	802	9 and the results thereof and the promotional eligible registers
803	803	10 prepared therefrom shall be published by the commission within
804	804	11 60 days after any examinations are held. If two or more
805	805	12 applicants achieve the identical final grade average, they
806	806	13 shall be placed on the promotional eligible register in their
807	807	14 order of seniority in the position from which they seek
808	808	15 promotion. The commission shall submit to the appointing power
809	809	16 the names of not more than 3 applicants for each promotion
810	810	17 having the highest rating except that a commission in any
811	811	18 municipality with more than 130,000 but less than 2,000,000
812	812	19 population may submit the names of not more than 5 applicants
813	813	20 having the highest rating for each promotion, but in making
814	814	21 his selection the appointing authority shall not pass over the
815	815	22 person having the highest rating on the original register more
816	816	23 than once and shall not pass over the person having the second
817	817	24 highest rating in the original register more than twice. The
818	818	25 commission shall strike off all names of applicants from a
819	819	26 promotional eligible register after they have remained thereon
820	820
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830	830	1 no less than 2 years and no more than 3 years, provided that
831	831	2 the commission shall notify the appointing power before the
832	832	3 names are stricken and such appointing power shall fill any
833	833	4 existing vacancies before all names are stricken from the
834	834	5 promotional eligible register. The method of examination and
835	835	6 the rules governing the same, and the method of certifying,
836	836	7 shall be the same as provided for applicants for original
837	837	8 appointment.
838	838	9 Except for rules governing police department promotions
839	839	10 governed by the Police Department Promotion Act, the changes
840	840	11 made by Public Act 77-1388 do This amendatory Act of 1971 does
841	841	12 not apply to any municipality which is a home rule unit.
842	842	13 (Source: P.A. 85-462.)
843	843	14 (65 ILCS 5/10-2.1-15) (from Ch. 24, par. 10-2.1-15)
844	844	15 Sec. 10-2.1-15. The board, by its rules, shall provide for
845	845	16 promotion in the fire and police departments on the basis of
846	846	17 ascertained merit and seniority in service and examination,
847	847	18 and shall provide in all cases, where it is practicable, that
848	848	19 vacancies shall be filled by promotion. The board's rules
849	849	20 governing police department promotions shall be consistent
850	850	21 with the Police Department Promotion Act, notwithstanding any
851	851	22 other provision in this Division. All examinations for
852	852	23 promotion shall be competitive among such members of the next
853	853	24 lower rank as desire to submit themselves to examination. All
854	854	25 promotions shall be made from the 3 having the highest rating,
855	855
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865	865	1 and where there are less than 3 names on the promotional
866	866	2 eligible register, as originally posted, or remaining thereon
867	867	3 after appointments have been made therefrom, appointments to
868	868	4 fill existing vacancies shall be made from those names or name
869	869	5 remaining on the promotional register except that promotions
870	870	6 made in any municipality with more than 130,000 but less than
871	871	7 2,000,000 population may be made from the 7 members having the
872	872	8 highest rating. The method of examination and the rules
873	873	9 governing examinations for promotion shall be the same as
874	874	10 provided for applicants for original appointment, except that
875	875	11 original appointments only shall be on probation, as provided
876	876	12 by the rules. The board shall strike off the names of
877	877	13 candidates for promotional appointment after they have
878	878	14 remained thereon for more than 3 years, provided there is no
879	879	15 vacancy existing which can be filled from the promotional
880	880	16 register.
881	881	17 (Source: P.A. 83-761.)
882	882	18 Section 95. The State Mandates Act is amended by adding
883	883	19 Section 8.47 as follows:
884	884	20 (30 ILCS 805/8.47 new)
885	885	21 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
886	886	22 8 of this Act, no reimbursement by the State is required for
887	887	23 the implementation of any mandate created by this amendatory
888	888	24 Act of the 103rd General Assembly.
889	889
890	890
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899	899	1 Section 99. Effective date. This Act takes effect upon
900	900	2 becoming law.
901	901
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