Illinois 2023-2024 Regular Session

Illinois House Bill HB4045 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4045 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 70 ILCS 705/16.06d new Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of firefighter, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024. LRB103 31933 AWJ 60656 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4045 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 70 ILCS 705/16.06d new 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 70 ILCS 705/16.06d new Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of firefighter, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024. LRB103 31933 AWJ 60656 b LRB103 31933 AWJ 60656 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4045 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
33 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 70 ILCS 705/16.06d new 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 70 ILCS 705/16.06d new
44 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7
55 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6
66 70 ILCS 705/16.06d new
77 Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of firefighter, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024.
88 LRB103 31933 AWJ 60656 b LRB103 31933 AWJ 60656 b
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1313 1 AN ACT concerning local government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Municipal Code is amended by
1717 5 changing Sections 10-1-7 and 10-2.1-6 as follows:
1818 6 (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
1919 7 Sec. 10-1-7. Examination of applicants; disqualifications.
2020 8 (a) All applicants for offices or places in the classified
2121 9 service, except those mentioned in Section 10-1-17, are
2222 10 subject to examination. The examination shall be public,
2323 11 competitive, and open to all citizens of the United States,
2424 12 with specified limitations as to residence, age, health,
2525 13 habits, and moral character. An individual who is not a
2626 14 citizen but is legally authorized to work in the United States
2727 15 under federal law is authorized to apply for the position of
2828 16 firefighter, subject to all requirements and limitations,
2929 17 other than citizenship, to which other applicants are subject.
3030 18 (b) Residency requirements in effect at the time an
3131 19 individual enters the fire or police service of a municipality
3232 20 (other than a municipality that has more than 1,000,000
3333 21 inhabitants) cannot be made more restrictive for that
3434 22 individual during his or her period of service for that
3535 23 municipality, or be made a condition of promotion, except for
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4045 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
4040 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 70 ILCS 705/16.06d new 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 70 ILCS 705/16.06d new
4141 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7
4242 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6
4343 70 ILCS 705/16.06d new
4444 Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of firefighter, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024.
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5555 70 ILCS 705/16.06d new
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7474 1 the rank or position of Fire or Police Chief.
7575 2 (c) No person with a record of misdemeanor convictions
7676 3 except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
7777 4 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
7878 5 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
7979 6 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
8080 7 (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
8181 8 (6), and (8) of subsection (a) of Section 24-1 of the Criminal
8282 9 Code of 1961 or the Criminal Code of 2012 or arrested for any
8383 10 cause but not convicted on that cause shall be disqualified
8484 11 from taking the examination on grounds of habits or moral
8585 12 character, unless the person is attempting to qualify for a
8686 13 position on the police department, in which case the
8787 14 conviction or arrest may be considered as a factor in
8888 15 determining the person's habits or moral character.
8989 16 (d) Persons entitled to military preference under Section
9090 17 10-1-16 shall not be subject to limitations specifying age
9191 18 unless they are applicants for a position as a fireman or a
9292 19 policeman having no previous employment status as a fireman or
9393 20 policeman in the regularly constituted fire or police
9494 21 department of the municipality, in which case they must not
9595 22 have attained their 35th birthday, except any person who has
9696 23 served as an auxiliary police officer under Section 3.1-30-20
9797 24 for at least 5 years and is under 40 years of age.
9898 25 (e) All employees of a municipality of less than 500,000
9999 26 population (except those who would be excluded from the
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110110 1 classified service as provided in this Division 1) who are
111111 2 holding that employment as of the date a municipality adopts
112112 3 this Division 1, or as of July 17, 1959, whichever date is the
113113 4 later, and who have held that employment for at least 2 years
114114 5 immediately before that later date, and all firemen and
115115 6 policemen regardless of length of service who were either
116116 7 appointed to their respective positions by the board of fire
117117 8 and police commissioners under the provisions of Division 2 of
118118 9 this Article or who are serving in a position (except as a
119119 10 temporary employee) in the fire or police department in the
120120 11 municipality on the date a municipality adopts this Division
121121 12 1, or as of July 17, 1959, whichever date is the later, shall
122122 13 become members of the classified civil service of the
123123 14 municipality without examination.
124124 15 (f) The examinations shall be practical in their
125125 16 character, and shall relate to those matters that will fairly
126126 17 test the relative capacity of the persons examined to
127127 18 discharge the duties of the positions to which they seek to be
128128 19 appointed. The examinations shall include tests of physical
129129 20 qualifications, health, and (when appropriate) manual skill.
130130 21 If an applicant is unable to pass the physical examination
131131 22 solely as the result of an injury received by the applicant as
132132 23 the result of the performance of an act of duty while working
133133 24 as a temporary employee in the position for which he or she is
134134 25 being examined, however, the physical examination shall be
135135 26 waived and the applicant shall be considered to have passed
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146146 1 the examination. No questions in any examination shall relate
147147 2 to political or religious opinions or affiliations. Results of
148148 3 examinations and the eligible registers prepared from the
149149 4 results shall be published by the commission within 60 days
150150 5 after any examinations are held.
151151 6 (g) The commission shall control all examinations, and
152152 7 may, whenever an examination is to take place, designate a
153153 8 suitable number of persons, either in or not in the official
154154 9 service of the municipality, to be examiners. The examiners
155155 10 shall conduct the examinations as directed by the commission
156156 11 and shall make a return or report of the examinations to the
157157 12 commission. If the appointed examiners are in the official
158158 13 service of the municipality, the examiners shall not receive
159159 14 extra compensation for conducting the examinations unless the
160160 15 examiners are subject to a collective bargaining agreement
161161 16 with the municipality. The commission may at any time
162162 17 substitute any other person, whether or not in the service of
163163 18 the municipality, in the place of any one selected as an
164164 19 examiner. The commission members may themselves at any time
165165 20 act as examiners without appointing examiners. The examiners
166166 21 at any examination shall not all be members of the same
167167 22 political party.
168168 23 (h) In municipalities of 500,000 or more population, no
169169 24 person who has attained his or her 35th birthday shall be
170170 25 eligible to take an examination for a position as a fireman or
171171 26 a policeman unless the person has had previous employment
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182182 1 status as a policeman or fireman in the regularly constituted
183183 2 police or fire department of the municipality, except as
184184 3 provided in this Section.
185185 4 (i) In municipalities of more than 5,000 but not more than
186186 5 200,000 inhabitants, no person who has attained his or her
187187 6 35th birthday shall be eligible to take an examination for a
188188 7 position as a fireman or a policeman unless the person has had
189189 8 previous employment status as a policeman or fireman in the
190190 9 regularly constituted police or fire department of the
191191 10 municipality, except as provided in this Section.
192192 11 (j) In all municipalities, applicants who are 20 years of
193193 12 age and who have successfully completed 2 years of law
194194 13 enforcement studies at an accredited college or university may
195195 14 be considered for appointment to active duty with the police
196196 15 department. An applicant described in this subsection (j) who
197197 16 is appointed to active duty shall not have power of arrest, nor
198198 17 shall the applicant be permitted to carry firearms, until he
199199 18 or she reaches 21 years of age.
200200 19 (k) In municipalities of more than 500,000 population,
201201 20 applications for examination for and appointment to positions
202202 21 as firefighters or police shall be made available at various
203203 22 branches of the public library of the municipality.
204204 23 (l) No municipality having a population less than
205205 24 1,000,000 shall require that any fireman appointed to the
206206 25 lowest rank serve a probationary employment period of longer
207207 26 than one year. The limitation on periods of probationary
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218218 1 employment provided in Public Act 86-990 is an exclusive power
219219 2 and function of the State. Pursuant to subsection (h) of
220220 3 Section 6 of Article VII of the Illinois Constitution, a home
221221 4 rule municipality having a population less than 1,000,000 must
222222 5 comply with this limitation on periods of probationary
223223 6 employment, which is a denial and limitation of home rule
224224 7 powers. Notwithstanding anything to the contrary in this
225225 8 Section, the probationary employment period limitation may be
226226 9 extended for a firefighter who is required, as a condition of
227227 10 employment, to be a licensed paramedic, during which time the
228228 11 sole reason that a firefighter may be discharged without a
229229 12 hearing is for failing to meet the requirements for paramedic
230230 13 licensure.
231231 14 (m) To the extent that this Section or any other Section in
232232 15 this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
233233 16 then Section 10-1-7.1 or 10-1-7.2 shall control.
234234 17 (Source: P.A. 102-813, eff. 5-13-22.)
235235 18 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
236236 19 Sec. 10-2.1-6. Examination of applicants;
237237 20 disqualifications.
238238 21 (a) All applicants for a position in either the fire or
239239 22 police department of the municipality shall be under 35 years
240240 23 of age, shall be subject to an examination that shall be
241241 24 public, competitive, and open to all applicants (unless the
242242 25 council or board of trustees by ordinance limit applicants to
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253253 1 electors of the municipality, county, state, or nation) and
254254 2 shall be subject to reasonable limitations as to residence,
255255 3 health, habits, and moral character. An individual who is not
256256 4 a citizen but is legally authorized to work in the United
257257 5 States under federal law is authorized to apply for the
258258 6 position of firefighter, subject to all requirements and
259259 7 limitations, other than citizenship, to which other applicants
260260 8 are subject. The municipality may not charge or collect any
261261 9 fee from an applicant who has met all prequalification
262262 10 standards established by the municipality for any such
263263 11 position. With respect to a police department, a veteran shall
264264 12 be allowed to exceed the maximum age provision of this Section
265265 13 by the number of years served on active military duty, but by
266266 14 no more than 10 years of active military duty.
267267 15 (b) Residency requirements in effect at the time an
268268 16 individual enters the fire or police service of a municipality
269269 17 (other than a municipality that has more than 1,000,000
270270 18 inhabitants) cannot be made more restrictive for that
271271 19 individual during his period of service for that municipality,
272272 20 or be made a condition of promotion, except for the rank or
273273 21 position of Fire or Police Chief.
274274 22 (c) No person with a record of misdemeanor convictions
275275 23 except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
276276 24 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
277277 25 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
278278 26 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
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289289 1 (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
290290 2 (6), and (8) of subsection (a) of Section 24-1 of the Criminal
291291 3 Code of 1961 or the Criminal Code of 2012, or arrested for any
292292 4 cause but not convicted on that cause shall be disqualified
293293 5 from taking the examination to qualify for a position in the
294294 6 fire department on grounds of habits or moral character.
295295 7 (d) The age limitation in subsection (a) does not apply
296296 8 (i) to any person previously employed as a policeman or
297297 9 fireman in a regularly constituted police or fire department
298298 10 of (I) any municipality, regardless of whether the
299299 11 municipality is located in Illinois or in another state, or
300300 12 (II) a fire protection district whose obligations were assumed
301301 13 by a municipality under Section 21 of the Fire Protection
302302 14 District Act, (ii) to any person who has served a municipality
303303 15 as a regularly enrolled volunteer fireman for 5 years
304304 16 immediately preceding the time that municipality begins to use
305305 17 full time firemen to provide all or part of its fire protection
306306 18 service, or (iii) to any person who has served as an auxiliary
307307 19 police officer under Section 3.1-30-20 for at least 5 years
308308 20 and is under 40 years of age, (iv) to any person who has served
309309 21 as a deputy under Section 3-6008 of the Counties Code and
310310 22 otherwise meets necessary training requirements, or (v) to any
311311 23 person who has served as a sworn officer as a member of the
312312 24 Illinois State Police.
313313 25 (e) Applicants who are 20 years of age and who have
314314 26 successfully completed 2 years of law enforcement studies at
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325325 1 an accredited college or university may be considered for
326326 2 appointment to active duty with the police department. An
327327 3 applicant described in this subsection (e) who is appointed to
328328 4 active duty shall not have power of arrest, nor shall the
329329 5 applicant be permitted to carry firearms, until he or she
330330 6 reaches 21 years of age.
331331 7 (f) Applicants who are 18 years of age and who have
332332 8 successfully completed 2 years of study in fire techniques,
333333 9 amounting to a total of 4 high school credits, within the cadet
334334 10 program of a municipality may be considered for appointment to
335335 11 active duty with the fire department of any municipality.
336336 12 (g) The council or board of trustees may by ordinance
337337 13 provide that persons residing outside the municipality are
338338 14 eligible to take the examination.
339339 15 (h) The examinations shall be practical in character and
340340 16 relate to those matters that will fairly test the capacity of
341341 17 the persons examined to discharge the duties of the positions
342342 18 to which they seek appointment. No person shall be appointed
343343 19 to the police or fire department if he or she does not possess
344344 20 a high school diploma or an equivalent high school education.
345345 21 A board of fire and police commissioners may, by its rules,
346346 22 require police applicants to have obtained an associate's
347347 23 degree or a bachelor's degree as a prerequisite for
348348 24 employment. The examinations shall include tests of physical
349349 25 qualifications and health. A board of fire and police
350350 26 commissioners may, by its rules, waive portions of the
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361361 1 required examination for police applicants who have previously
362362 2 been full-time sworn officers of a regular police department
363363 3 in any municipal, county, university, or State law enforcement
364364 4 agency, provided they are certified by the Illinois Law
365365 5 Enforcement Training Standards Board and have been with their
366366 6 respective law enforcement agency within the State for at
367367 7 least 2 years. No person shall be appointed to the police or
368368 8 fire department if he or she has suffered the amputation of any
369369 9 limb unless the applicant's duties will be only clerical or as
370370 10 a radio operator. No applicant shall be examined concerning
371371 11 his or her political or religious opinions or affiliations.
372372 12 The examinations shall be conducted by the board of fire and
373373 13 police commissioners of the municipality as provided in this
374374 14 Division 2.1.
375375 15 The requirement that a police applicant possess an
376376 16 associate's degree under this subsection may be waived if one
377377 17 or more of the following applies: (1) the applicant has served
378378 18 for 24 months of honorable active duty in the United States
379379 19 Armed Forces and has not been discharged dishonorably or under
380380 20 circumstances other than honorable; (2) the applicant has
381381 21 served for 180 days of active duty in the United States Armed
382382 22 Forces in combat duty recognized by the Department of Defense
383383 23 and has not been discharged dishonorably or under
384384 24 circumstances other than honorable; or (3) the applicant has
385385 25 successfully received credit for a minimum of 60 credit hours
386386 26 toward a bachelor's degree from an accredited college or
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397397 1 university.
398398 2 The requirement that a police applicant possess a
399399 3 bachelor's degree under this subsection may be waived if one
400400 4 or more of the following applies: (1) the applicant has served
401401 5 for 36 months of honorable active duty in the United States
402402 6 Armed Forces and has not been discharged dishonorably or under
403403 7 circumstances other than honorable or (2) the applicant has
404404 8 served for 180 days of active duty in the United States Armed
405405 9 Forces in combat duty recognized by the Department of Defense
406406 10 and has not been discharged dishonorably or under
407407 11 circumstances other than honorable.
408408 12 (i) No person who is classified by his local selective
409409 13 service draft board as a conscientious objector, or who has
410410 14 ever been so classified, may be appointed to the police
411411 15 department.
412412 16 (j) No person shall be appointed to the police or fire
413413 17 department unless he or she is a person of good character and
414414 18 not an habitual drunkard, gambler, or a person who has been
415415 19 convicted of a felony or a crime involving moral turpitude. No
416416 20 person, however, shall be disqualified from appointment to the
417417 21 fire department because of his or her record of misdemeanor
418418 22 convictions except those under Sections 11-1.50, 11-6, 11-7,
419419 23 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
420420 24 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
421421 25 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
422422 26 subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
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433433 1 paragraphs (1), (6), and (8) of subsection (a) of Section 24-1
434434 2 of the Criminal Code of 1961 or the Criminal Code of 2012, or
435435 3 arrest for any cause without conviction on that cause. Any
436436 4 such person who is in the department may be removed on charges
437437 5 brought and after a trial as provided in this Division 2.1.
438438 6 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
439439 7 Section 10. The Fire Protection District Act is amended by
440440 8 adding Section 16.06d as follows:
441441 9 (70 ILCS 705/16.06d new)
442442 10 Sec. 16.06d. Noncitizen applicants. An individual who is
443443 11 not a citizen but is legally authorized to work in the United
444444 12 States under federal law is authorized to apply for the
445445 13 position of firefighter, subject to all requirements and
446446 14 limitations, other than citizenship, to which other applicants
447447 15 are subject.
448448 16 Section 99. Effective date. This Act takes effect January
449449 17 1, 2024.
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