Illinois 2025-2026 Regular Session

Illinois House Bill HB1647 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1647 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7.165 ILCS 5/10-1-7.265 ILCS 5/10-2.1-6.365 ILCS 5/10-2.1-6.4 Amends the Civil Service In Cities Division and Board Of Fire and Police Commissioners Division of the Illinois Municipal Code. Expands the definition of "firefighter" to include persons appointed to a fire department or fire protection district, or employed by a State university, unit of local government, or Emergency Medical Services (EMS) System, and sworn or commissioned or employed to perform (i) firefighter duties, (ii) paramedic, emergency medical technician (EMT), emergency medical technician-basic (EMT-B), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT) duties, (iii) or both (rather than persons appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties, paramedic duties, or both). LRB104 08523 RTM 18575 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1647 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7.165 ILCS 5/10-1-7.265 ILCS 5/10-2.1-6.365 ILCS 5/10-2.1-6.4 65 ILCS 5/10-1-7.1 65 ILCS 5/10-1-7.2 65 ILCS 5/10-2.1-6.3 65 ILCS 5/10-2.1-6.4 Amends the Civil Service In Cities Division and Board Of Fire and Police Commissioners Division of the Illinois Municipal Code. Expands the definition of "firefighter" to include persons appointed to a fire department or fire protection district, or employed by a State university, unit of local government, or Emergency Medical Services (EMS) System, and sworn or commissioned or employed to perform (i) firefighter duties, (ii) paramedic, emergency medical technician (EMT), emergency medical technician-basic (EMT-B), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT) duties, (iii) or both (rather than persons appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties, paramedic duties, or both). LRB104 08523 RTM 18575 b LRB104 08523 RTM 18575 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1647 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
3	3	65 ILCS 5/10-1-7.165 ILCS 5/10-1-7.265 ILCS 5/10-2.1-6.365 ILCS 5/10-2.1-6.4 65 ILCS 5/10-1-7.1 65 ILCS 5/10-1-7.2 65 ILCS 5/10-2.1-6.3 65 ILCS 5/10-2.1-6.4
4	4	65 ILCS 5/10-1-7.1
5	5	65 ILCS 5/10-1-7.2
6	6	65 ILCS 5/10-2.1-6.3
7	7	65 ILCS 5/10-2.1-6.4
8	8	Amends the Civil Service In Cities Division and Board Of Fire and Police Commissioners Division of the Illinois Municipal Code. Expands the definition of "firefighter" to include persons appointed to a fire department or fire protection district, or employed by a State university, unit of local government, or Emergency Medical Services (EMS) System, and sworn or commissioned or employed to perform (i) firefighter duties, (ii) paramedic, emergency medical technician (EMT), emergency medical technician-basic (EMT-B), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT) duties, (iii) or both (rather than persons appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties, paramedic duties, or both).
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11	11	A BILL FOR
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13	13	HB1647 LRB104 08523 RTM 18575 b
14	14	1 AN ACT concerning local government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Illinois Municipal Code is amended by
18	18	5 changing Sections 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and
19	19	6 10-2.1-6.4 as follows:
20	20	7 (65 ILCS 5/10-1-7.1)
21	21	8 Sec. 10-1-7.1. Original appointments; full-time fire
22	22	9 department.
23	23	10 (a) Applicability. Unless a commission elects to follow
24	24	11 the provisions of Section 10-1-7.2, this Section shall apply
25	25	12 to all original appointments to an affected full-time fire
26	26	13 department. Existing registers of eligibles shall continue to
27	27	14 be valid until their expiration dates, or up to a maximum of 2
28	28	15 years after August 4, 2011 (the effective date of Public Act
29	29	16 97-251).
30	30	17 Notwithstanding any statute, ordinance, rule, or other law
31	31	18 to the contrary, all original appointments to an affected
32	32	19 department to which this Section applies shall be administered
33	33	20 in the manner provided for in this Section. Provisions of the
34	34	21 Illinois Municipal Code, municipal ordinances, and rules
35	35	22 adopted pursuant to such authority and other laws relating to
36	36	23 initial hiring of firefighters in affected departments shall
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1647 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
41	41	65 ILCS 5/10-1-7.165 ILCS 5/10-1-7.265 ILCS 5/10-2.1-6.365 ILCS 5/10-2.1-6.4 65 ILCS 5/10-1-7.1 65 ILCS 5/10-1-7.2 65 ILCS 5/10-2.1-6.3 65 ILCS 5/10-2.1-6.4
42	42	65 ILCS 5/10-1-7.1
43	43	65 ILCS 5/10-1-7.2
44	44	65 ILCS 5/10-2.1-6.3
45	45	65 ILCS 5/10-2.1-6.4
46	46	Amends the Civil Service In Cities Division and Board Of Fire and Police Commissioners Division of the Illinois Municipal Code. Expands the definition of "firefighter" to include persons appointed to a fire department or fire protection district, or employed by a State university, unit of local government, or Emergency Medical Services (EMS) System, and sworn or commissioned or employed to perform (i) firefighter duties, (ii) paramedic, emergency medical technician (EMT), emergency medical technician-basic (EMT-B), emergency medical technician-intermediate (EMT-I), or advanced emergency medical technician (A-EMT) duties, (iii) or both (rather than persons appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties, paramedic duties, or both).
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49	49	A BILL FOR
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55	55	65 ILCS 5/10-1-7.1
56	56	65 ILCS 5/10-1-7.2
57	57	65 ILCS 5/10-2.1-6.3
58	58	65 ILCS 5/10-2.1-6.4
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77	77	1 continue to apply to the extent they are compatible with this
78	78	2 Section, but in the event of a conflict between this Section
79	79	3 and any other law, this Section shall control.
80	80	4 A home rule or non-home rule municipality may not
81	81	5 administer its fire department process for original
82	82	6 appointments in a manner that is less stringent than this
83	83	7 Section. This Section is a limitation under subsection (i) of
84	84	8 Section 6 of Article VII of the Illinois Constitution on the
85	85	9 concurrent exercise by home rule units of the powers and
86	86	10 functions exercised by the State.
87	87	11 A municipality that is operating under a court order or
88	88	12 consent decree regarding original appointments to a full-time
89	89	13 fire department before August 4, 2011 (the effective date of
90	90	14 Public Act 97-251) is exempt from the requirements of this
91	91	15 Section for the duration of the court order or consent decree.
92	92	16 Notwithstanding any other provision of this subsection
93	93	17 (a), this Section does not apply to a municipality with more
94	94	18 than 1,000,000 inhabitants.
95	95	19 (b) Original appointments. All original appointments made
96	96	20 to an affected fire department shall be made from a register of
97	97	21 eligibles established in accordance with the processes
98	98	22 established by this Section. Only persons who meet or exceed
99	99	23 the performance standards required by this Section shall be
100	100	24 placed on a register of eligibles for original appointment to
101	101	25 an affected fire department.
102	102	26 Whenever an appointing authority authorizes action to hire
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113	113	1 a person to perform the duties of a firefighter or to hire a
114	114	2 firefighter-paramedic to fill a position that is a new
115	115	3 position or vacancy due to resignation, discharge, promotion,
116	116	4 death, the granting of a disability or retirement pension, or
117	117	5 any other cause, the appointing authority shall appoint to
118	118	6 that position the person with the highest ranking on the final
119	119	7 eligibility list. If the appointing authority has reason to
120	120	8 conclude that the highest ranked person fails to meet the
121	121	9 minimum standards for the position or if the appointing
122	122	10 authority believes an alternate candidate would better serve
123	123	11 the needs of the department, then the appointing authority has
124	124	12 the right to pass over the highest ranked person and appoint
125	125	13 either: (i) any person who has a ranking in the top 5% of the
126	126	14 register of eligibles or (ii) any person who is among the top 5
127	127	15 highest ranked persons on the list of eligibles if the number
128	128	16 of people who have a ranking in the top 5% of the register of
129	129	17 eligibles is less than 5 people.
130	130	18 Any candidate may pass on an appointment once without
131	131	19 losing his or her position on the register of eligibles. Any
132	132	20 candidate who passes a second time may be removed from the list
133	133	21 by the appointing authority provided that such action shall
134	134	22 not prejudice a person's opportunities to participate in
135	135	23 future examinations, including an examination held during the
136	136	24 time a candidate is already on the municipality's register of
137	137	25 eligibles.
138	138	26 The sole authority to issue certificates of appointment
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149	149	1 shall be vested in the Civil Service Commission. All
150	150	2 certificates of appointment issued to any officer or member of
151	151	3 an affected department shall be signed by the chairperson and
152	152	4 secretary, respectively, of the commission upon appointment of
153	153	5 such officer or member to the affected department by the
154	154	6 commission. After being selected from the register of
155	155	7 eligibles to fill a vacancy in the affected department, each
156	156	8 appointee shall be presented with his or her certificate of
157	157	9 appointment on the day on which he or she is sworn in as a
158	158	10 classified member of the affected department. Firefighters who
159	159	11 were not issued a certificate of appointment when originally
160	160	12 appointed shall be provided with a certificate within 10 days
161	161	13 after making a written request to the chairperson of the Civil
162	162	14 Service Commission. Each person who accepts a certificate of
163	163	15 appointment and successfully completes his or her probationary
164	164	16 period shall be enrolled as a firefighter and as a regular
165	165	17 member of the fire department.
166	166	18 For the purposes of this Section, "firefighter" means any
167	167	19 person who has been prior to, on, or after August 4, 2011 (the
168	168	20 effective date of Public Act 97-251) appointed to a fire
169	169	21 department or fire protection district, or employed by a State
170	170	22 university, unit of local government, or Emergency Medical
171	171	23 Services (EMS) System, and sworn or commissioned or employed
172	172	24 to perform (i) firefighter duties, (ii) or paramedic,
173	173	25 emergency medical technician (EMT), emergency medical
174	174	26 technician-basic (EMT-B), emergency medical
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185	185	1 technician-intermediate (EMT-I), or advanced emergency medical
186	186	2 technician (A-EMT) duties, (iii) or both, except that the
187	187	3 following persons are not included: part-time firefighters;
188	188	4 auxiliary, reserve, or voluntary firefighters, including
189	189	5 paid-on-call firefighters; clerks and dispatchers or other
190	190	6 civilian employees of a fire department or fire protection
191	191	7 district who are not routinely expected to perform firefighter
192	192	8 duties; and elected officials.
193	193	9 (c) Qualification for placement on register of eligibles.
194	194	10 The purpose of establishing a register of eligibles is to
195	195	11 identify applicants who possess and demonstrate the mental
196	196	12 aptitude and physical ability to perform the duties required
197	197	13 of members of the fire department in order to provide the
198	198	14 highest quality of service to the public. To this end, all
199	199	15 applicants for original appointment to an affected fire
200	200	16 department shall be subject to examination and testing which
201	201	17 shall be public, competitive, and open to all applicants
202	202	18 unless the municipality shall by ordinance limit applicants to
203	203	19 residents of the municipality, county or counties in which the
204	204	20 municipality is located, State, or nation. Any examination and
205	205	21 testing procedure utilized under subsection (e) of this
206	206	22 Section shall be supported by appropriate validation evidence
207	207	23 and shall comply with all applicable State and federal laws.
208	208	24 Municipalities may establish educational, emergency medical
209	209	25 service licensure, and other prerequisites for participation
210	210	26 in an examination or for hire as a firefighter. Any
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221	221	1 municipality may charge a fee to cover the costs of the
222	222	2 application process.
223	223	3 Residency requirements in effect at the time an individual
224	224	4 enters the fire service of a municipality cannot be made more
225	225	5 restrictive for that individual during his or her period of
226	226	6 service for that municipality, or be made a condition of
227	227	7 promotion, except for the rank or position of fire chief and
228	228	8 for no more than 2 positions that rank immediately below that
229	229	9 of the chief rank which are appointed positions pursuant to
230	230	10 the Fire Department Promotion Act.
231	231	11 No person who is 35 years of age or older shall be eligible
232	232	12 to take an examination for a position as a firefighter unless
233	233	13 the person has had previous employment status as a firefighter
234	234	14 in the regularly constituted fire department of the
235	235	15 municipality, except as provided in this Section. The age
236	236	16 limitation does not apply to:
237	237	17 (1) any person previously employed as a full-time
238	238	18 firefighter in a regularly constituted fire department of
239	239	19 (i) any municipality or fire protection district located
240	240	20 in Illinois, (ii) a fire protection district whose
241	241	21 obligations were assumed by a municipality under Section
242	242	22 21 of the Fire Protection District Act, or (iii) a
243	243	23 municipality whose obligations were taken over by a fire
244	244	24 protection district,
245	245	25 (2) any person who has served a municipality as a
246	246	26 regularly enrolled volunteer, paid-on-call, or part-time
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257	257	1 firefighter, or
258	258	2 (3) any person who turned 35 while serving as a member
259	259	3 of the active or reserve components of any of the branches
260	260	4 of the Armed Forces of the United States or the National
261	261	5 Guard of any state, whose service was characterized as
262	262	6 honorable or under honorable, if separated from the
263	263	7 military, and is currently under the age of 40.
264	264	8 No person who is under 21 years of age shall be eligible
265	265	9 for employment as a firefighter.
266	266	10 No applicant shall be examined concerning his or her
267	267	11 political or religious opinions or affiliations. The
268	268	12 examinations shall be conducted by the commissioners of the
269	269	13 municipality or their designees and agents.
270	270	14 No municipality shall require that any firefighter
271	271	15 appointed to the lowest rank serve a probationary employment
272	272	16 period of longer than one year of actual active employment,
273	273	17 which may exclude periods of training, or injury or illness
274	274	18 leaves, including duty related leave, in excess of 30 calendar
275	275	19 days. Notwithstanding anything to the contrary in this
276	276	20 Section, the probationary employment period limitation may be
277	277	21 extended for a firefighter who is required, as a condition of
278	278	22 employment, to be a licensed paramedic, during which time the
279	279	23 sole reason that a firefighter may be discharged without a
280	280	24 hearing is for failing to meet the requirements for paramedic
281	281	25 licensure.
282	282	26 In the event that any applicant who has been found
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293	293	1 eligible for appointment and whose name has been placed upon
294	294	2 the final eligibility register provided for in this Division 1
295	295	3 has not been appointed to a firefighter position within one
296	296	4 year after the date of his or her physical ability
297	297	5 examination, the commission may cause a second examination to
298	298	6 be made of that applicant's physical ability prior to his or
299	299	7 her appointment. If, after the second examination, the
300	300	8 physical ability of the applicant shall be found to be less
301	301	9 than the minimum standard fixed by the rules of the
302	302	10 commission, the applicant shall not be appointed. The
303	303	11 applicant's name may be retained upon the register of
304	304	12 candidates eligible for appointment and when next reached for
305	305	13 certification and appointment that applicant may be again
306	306	14 examined as provided in this Section, and if the physical
307	307	15 ability of that applicant is found to be less than the minimum
308	308	16 standard fixed by the rules of the commission, the applicant
309	309	17 shall not be appointed, and the name of the applicant shall be
310	310	18 removed from the register.
311	311	19 (d) Notice, examination, and testing components. Notice of
312	312	20 the time, place, general scope, merit criteria for any
313	313	21 subjective component, and fee of every examination shall be
314	314	22 given by the commission, by a publication at least 2 weeks
315	315	23 preceding the examination: (i) in one or more newspapers
316	316	24 published in the municipality, or if no newspaper is published
317	317	25 therein, then in one or more newspapers with a general
318	318	26 circulation within the municipality, or (ii) on the
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329	329	1 municipality's Internet website. Additional notice of the
330	330	2 examination may be given as the commission shall prescribe.
331	331	3 The examination and qualifying standards for employment of
332	332	4 firefighters shall be based on: mental aptitude, physical
333	333	5 ability, preferences, moral character, and health. The mental
334	334	6 aptitude, physical ability, and preference components shall
335	335	7 determine an applicant's qualification for and placement on
336	336	8 the final register of eligibles. The examination may also
337	337	9 include a subjective component based on merit criteria as
338	338	10 determined by the commission. Scores from the examination must
339	339	11 be made available to the public.
340	340	12 (e) Mental aptitude. No person who does not possess at
341	341	13 least a high school diploma or an equivalent high school
342	342	14 education shall be placed on a register of eligibles.
343	343	15 Examination of an applicant's mental aptitude shall be based
344	344	16 upon a written examination. The examination shall be practical
345	345	17 in character and relate to those matters that fairly test the
346	346	18 capacity of the persons examined to discharge the duties
347	347	19 performed by members of a fire department. Written
348	348	20 examinations shall be administered in a manner that ensures
349	349	21 the security and accuracy of the scores achieved.
350	350	22 (f) Physical ability. All candidates shall be required to
351	351	23 undergo an examination of their physical ability to perform
352	352	24 the essential functions included in the duties they may be
353	353	25 called upon to perform as a member of a fire department. For
354	354	26 the purposes of this Section, essential functions of the job
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365	365	1 are functions associated with duties that a firefighter may be
366	366	2 called upon to perform in response to emergency calls. The
367	367	3 frequency of the occurrence of those duties as part of the fire
368	368	4 department's regular routine shall not be a controlling factor
369	369	5 in the design of examination criteria or evolutions selected
370	370	6 for testing. These physical examinations shall be open,
371	371	7 competitive, and based on industry standards designed to test
372	372	8 each applicant's physical abilities in the following
373	373	9 dimensions:
374	374	10 (1) Muscular strength to perform tasks and evolutions
375	375	11 that may be required in the performance of duties
376	376	12 including grip strength, leg strength, and arm strength.
377	377	13 Tests shall be conducted under anaerobic as well as
378	378	14 aerobic conditions to test both the candidate's speed and
379	379	15 endurance in performing tasks and evolutions. Tasks tested
380	380	16 may be based on standards developed, or approved, by the
381	381	17 local appointing authority.
382	382	18 (2) The ability to climb ladders, operate from
383	383	19 heights, walk or crawl in the dark along narrow and uneven
384	384	20 surfaces, and operate in proximity to hazardous
385	385	21 environments.
386	386	22 (3) The ability to carry out critical, time-sensitive,
387	387	23 and complex problem solving during physical exertion in
388	388	24 stressful and hazardous environments. The testing
389	389	25 environment may be hot and dark with tightly enclosed
390	390	26 spaces, flashing lights, sirens, and other distractions.
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401	401	1 The tests utilized to measure each applicant's
402	402	2 capabilities in each of these dimensions may be tests based on
403	403	3 industry standards currently in use or equivalent tests
404	404	4 approved by the Joint Labor-Management Committee of the Office
405	405	5 of the State Fire Marshal.
406	406	6 Physical ability examinations administered under this
407	407	7 Section shall be conducted with a reasonable number of
408	408	8 proctors and monitors, open to the public, and subject to
409	409	9 reasonable regulations of the commission.
410	410	10 (g) Scoring of examination components. Appointing
411	411	11 authorities may create a preliminary eligibility register. A
412	412	12 person shall be placed on the list based upon his or her
413	413	13 passage of the written examination or the passage of the
414	414	14 written examination and the physical ability component.
415	415	15 Passage of the written examination means attaining the minimum
416	416	16 score set by the commission. Minimum scores should be set by
417	417	17 the commission so as to demonstrate a candidate's ability to
418	418	18 perform the essential functions of the job. The minimum score
419	419	19 set by the commission shall be supported by appropriate
420	420	20 validation evidence and shall comply with all applicable State
421	421	21 and federal laws. The appointing authority may conduct the
422	422	22 physical ability component and any subjective components
423	423	23 subsequent to the posting of the preliminary eligibility
424	424	24 register.
425	425	25 The examination components for an initial eligibility
426	426	26 register shall be graded on a 100-point scale. A person's
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437	437	1 position on the list shall be determined by the following: (i)
438	438	2 the person's score on the written examination, (ii) the person
439	439	3 successfully passing the physical ability component, and (iii)
440	440	4 the person's results on any subjective component as described
441	441	5 in subsection (d).
442	442	6 In order to qualify for placement on the final eligibility
443	443	7 register, an applicant's score on the written examination,
444	444	8 before any applicable preference points or subjective points
445	445	9 are applied, shall be at or above the minimum score set by the
446	446	10 commission. The local appointing authority may prescribe the
447	447	11 score to qualify for placement on the final eligibility
448	448	12 register, but the score shall not be less than the minimum
449	449	13 score set by the commission.
450	450	14 The commission shall prepare and keep a register of
451	451	15 persons whose total score is not less than the minimum score
452	452	16 for passage and who have passed the physical ability
453	453	17 examination. These persons shall take rank upon the register
454	454	18 as candidates in the order of their relative excellence based
455	455	19 on the highest to the lowest total points scored on the mental
456	456	20 aptitude, subjective component, and preference components of
457	457	21 the test administered in accordance with this Section. No more
458	458	22 than 60 days after each examination, an initial eligibility
459	459	23 list shall be posted by the commission. The list shall include
460	460	24 the final grades of the candidates without reference to
461	461	25 priority of the time of examination and subject to claim for
462	462	26 preference credit.
463	463
464	464
465	465
466	466
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469	469
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472	472	HB1647 - 13 - LRB104 08523 RTM 18575 b
473	473	1 Commissions may conduct additional examinations, including
474	474	2 without limitation a polygraph test, after a final eligibility
475	475	3 register is established and before it expires with the
476	476	4 candidates ranked by total score without regard to date of
477	477	5 examination. No more than 60 days after each examination, an
478	478	6 initial eligibility list shall be posted by the commission
479	479	7 showing the final grades of the candidates without reference
480	480	8 to priority of time of examination and subject to claim for
481	481	9 preference credit.
482	482	10 (h) Preferences. The following are preferences:
483	483	11 (1) Veteran preference. Persons who were engaged in
484	484	12 the military service of the United States for a period of
485	485	13 at least one year of active duty and who were honorably
486	486	14 discharged therefrom, or who are now or have been members
487	487	15 on inactive or reserve duty in such military or naval
488	488	16 service, shall be preferred for appointment to and
489	489	17 employment with the fire department of an affected
490	490	18 department.
491	491	19 (2) Fire cadet preference. Persons who have
492	492	20 successfully completed 2 years of study in fire techniques
493	493	21 or cadet training within a cadet program established under
494	494	22 the rules of the Joint Labor and Management Committee
495	495	23 (JLMC), as defined in Section 50 of the Fire Department
496	496	24 Promotion Act, may be preferred for appointment to and
497	497	25 employment with the fire department.
498	498	26 (3) Educational preference. Persons who have
499	499
500	500
501	501
502	502
503	503
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505	505
506	506
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508	508	HB1647 - 14 - LRB104 08523 RTM 18575 b
509	509	1 successfully obtained an associate's degree in the field
510	510	2 of fire service or emergency medical services, or a
511	511	3 bachelor's degree from an accredited college or university
512	512	4 may be preferred for appointment to and employment with
513	513	5 the fire department.
514	514	6 (4) Paramedic preference. Persons who have obtained a
515	515	7 license as a paramedic may be preferred for appointment to
516	516	8 and employment with the fire department of an affected
517	517	9 department providing emergency medical services.
518	518	10 (5) Experience preference. All persons employed by a
519	519	11 municipality who have been paid-on-call or part-time
520	520	12 certified Firefighter II, certified Firefighter III, State
521	521	13 of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
522	522	14 paramedic, or any combination of those capacities may be
523	523	15 awarded up to a maximum of 5 points. However, the
524	524	16 applicant may not be awarded more than 0.5 points for each
525	525	17 complete year of paid-on-call or part-time service.
526	526	18 Applicants from outside the municipality who were employed
527	527	19 as full-time firefighters or firefighter-paramedics by a
528	528	20 fire protection district or another municipality may be
529	529	21 awarded up to 5 experience preference points. However, the
530	530	22 applicant may not be awarded more than one point for each
531	531	23 complete year of full-time service.
532	532	24 Upon request by the commission, the governing body of
533	533	25 the municipality or in the case of applicants from outside
534	534	26 the municipality the governing body of any fire protection
535	535
536	536
537	537
538	538
539	539
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541	541
542	542
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544	544	HB1647 - 15 - LRB104 08523 RTM 18575 b
545	545	1 district or any other municipality shall certify to the
546	546	2 commission, within 10 days after the request, the number
547	547	3 of years of successful paid-on-call, part-time, or
548	548	4 full-time service of any person. A candidate may not
549	549	5 receive the full amount of preference points under this
550	550	6 subsection if the amount of points awarded would place the
551	551	7 candidate before a veteran on the eligibility list. If
552	552	8 more than one candidate receiving experience preference
553	553	9 points is prevented from receiving all of their points due
554	554	10 to not being allowed to pass a veteran, the candidates
555	555	11 shall be placed on the list below the veteran in rank order
556	556	12 based on the totals received if all points under this
557	557	13 subsection were to be awarded. Any remaining ties on the
558	558	14 list shall be determined by lot.
559	559	15 (6) Residency preference. Applicants whose principal
560	560	16 residence is located within the fire department's
561	561	17 jurisdiction may be preferred for appointment to and
562	562	18 employment with the fire department.
563	563	19 (7) Additional preferences. Up to 5 additional
564	564	20 preference points may be awarded for unique categories
565	565	21 based on an applicant's experience or background as
566	566	22 identified by the commission.
567	567	23 (7.5) Apprentice preferences. A person who has
568	568	24 performed fire suppression service for a department as a
569	569	25 firefighter apprentice and otherwise meets the
570	570	26 qualifications for original appointment as a firefighter
571	571
572	572
573	573
574	574
575	575
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577	577
578	578
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580	580	HB1647 - 16 - LRB104 08523 RTM 18575 b
581	581	1 specified in this Section may be awarded up to 20
582	582	2 preference points. To qualify for preference points, an
583	583	3 applicant shall have completed a minimum of 600 hours of
584	584	4 fire suppression work on a regular shift for the affected
585	585	5 fire department over a 12-month period. The fire
586	586	6 suppression work must be in accordance with Section
587	587	7 10-1-14 of this Division and the terms established by a
588	588	8 Joint Apprenticeship Committee included in a collective
589	589	9 bargaining agreement agreed between the employer and its
590	590	10 certified bargaining agent. An eligible applicant must
591	591	11 apply to the Joint Apprenticeship Committee for preference
592	592	12 points under this item. The Joint Apprenticeship Committee
593	593	13 shall evaluate the merit of the applicant's performance,
594	594	14 determine the preference points to be awarded, and certify
595	595	15 the amount of points awarded to the commissioners. The
596	596	16 commissioners may add the certified preference points to
597	597	17 the final grades achieved by the applicant on the other
598	598	18 components of the examination.
599	599	19 (8) Scoring of preferences. The commission shall give
600	600	20 preference for original appointment to persons designated
601	601	21 in item (1) by adding to the final grade that they receive
602	602	22 5 points for the recognized preference achieved. The
603	603	23 commission may give preference for original appointment to
604	604	24 persons designated in item (7.5) by adding to the final
605	605	25 grade the amount of points designated by the Joint
606	606	26 Apprenticeship Committee as defined in item (7.5). The
607	607
608	608
609	609
610	610
611	611
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613	613
614	614
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616	616	HB1647 - 17 - LRB104 08523 RTM 18575 b
617	617	1 commission shall determine the number of preference points
618	618	2 for each category, except items (1) and (7.5). The number
619	619	3 of preference points for each category shall range from 0
620	620	4 to 5, except item (7.5). In determining the number of
621	621	5 preference points, the commission shall prescribe that if
622	622	6 a candidate earns the maximum number of preference points
623	623	7 in all categories except item (7.5), that number may not
624	624	8 be less than 10 nor more than 30. The commission shall give
625	625	9 preference for original appointment to persons designated
626	626	10 in items (2) through (7) by adding the requisite number of
627	627	11 points to the final grade for each recognized preference
628	628	12 achieved. The numerical result thus attained shall be
629	629	13 applied by the commission in determining the final
630	630	14 eligibility list and appointment from the eligibility
631	631	15 list. The local appointing authority may prescribe the
632	632	16 total number of preference points awarded under this
633	633	17 Section, but the total number of preference points, except
634	634	18 item (7.5), shall not be less than 10 points or more than
635	635	19 30 points. Apprentice preference points may be added in
636	636	20 addition to other preference points awarded by the
637	637	21 commission.
638	638	22 No person entitled to any preference shall be required to
639	639	23 claim the credit before any examination held under the
640	640	24 provisions of this Section, but the preference shall be given
641	641	25 after the posting or publication of the initial eligibility
642	642	26 list or register at the request of a person entitled to a
643	643
644	644
645	645
646	646
647	647
648	648	HB1647 - 17 - LRB104 08523 RTM 18575 b
649	649
650	650
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652	652	HB1647 - 18 - LRB104 08523 RTM 18575 b
653	653	1 credit before any certification or appointments are made from
654	654	2 the eligibility register, upon the furnishing of verifiable
655	655	3 evidence and proof of qualifying preference credit. Candidates
656	656	4 who are eligible for preference credit shall make a claim in
657	657	5 writing within 10 days after the posting of the initial
658	658	6 eligibility list, or the claim shall be deemed waived. Final
659	659	7 eligibility registers shall be established after the awarding
660	660	8 of verified preference points. However, apprentice preference
661	661	9 credit earned subsequent to the establishment of the final
662	662	10 eligibility register may be applied to the applicant's score
663	663	11 upon certification by the Joint Apprenticeship Committee to
664	664	12 the commission and the rank order of candidates on the final
665	665	13 eligibility register shall be adjusted accordingly. All
666	666	14 employment shall be subject to the commission's initial hire
667	667	15 background review, including, but not limited to, criminal
668	668	16 history, employment history, moral character, oral
669	669	17 examination, and medical and psychological examinations, all
670	670	18 on a pass-fail basis. The medical and psychological
671	671	19 examinations must be conducted last, and may only be performed
672	672	20 after a conditional offer of employment has been extended.
673	673	21 Any person placed on an eligibility list who exceeds the
674	674	22 age requirement before being appointed to a fire department
675	675	23 shall remain eligible for appointment until the list is
676	676	24 abolished, or his or her name has been on the list for a period
677	677	25 of 2 years. No person who has attained the age of 35 years
678	678	26 shall be inducted into a fire department, except as otherwise
679	679
680	680
681	681
682	682
683	683
684	684	HB1647 - 18 - LRB104 08523 RTM 18575 b
685	685
686	686
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688	688	HB1647 - 19 - LRB104 08523 RTM 18575 b
689	689	1 provided in this Section.
690	690	2 The commission shall strike off the names of candidates
691	691	3 for original appointment after the names have been on the list
692	692	4 for more than 2 years.
693	693	5 (i) Moral character. No person shall be appointed to a
694	694	6 fire department unless he or she is a person of good character;
695	695	7 not a habitual drunkard, a gambler, or a person who has been
696	696	8 convicted of a felony or a crime involving moral turpitude.
697	697	9 However, no person shall be disqualified from appointment to
698	698	10 the fire department because of the person's record of
699	699	11 misdemeanor convictions except those under Sections 11-6,
700	700	12 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
701	701	13 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
702	702	14 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
703	703	15 (1), (6), and (8) of subsection (a) of Section 24-1 of the
704	704	16 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
705	705	17 for any cause without conviction thereon. Any such person who
706	706	18 is in the department may be removed on charges brought for
707	707	19 violating this subsection and after a trial as hereinafter
708	708	20 provided.
709	709	21 A classifiable set of the fingerprints of every person who
710	710	22 is offered employment as a certificated member of an affected
711	711	23 fire department whether with or without compensation, shall be
712	712	24 furnished to the Illinois State Police and to the Federal
713	713	25 Bureau of Investigation by the commission.
714	714	26 Whenever a commission is authorized or required by law to
715	715
716	716
717	717
718	718
719	719
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721	721
722	722
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724	724	HB1647 - 20 - LRB104 08523 RTM 18575 b
725	725	1 consider some aspect of criminal history record information
726	726	2 for the purpose of carrying out its statutory powers and
727	727	3 responsibilities, then, upon request and payment of fees in
728	728	4 conformance with the requirements of Section 2605-400 of the
729	729	5 Illinois State Police Law of the Civil Administrative Code of
730	730	6 Illinois, the Illinois State Police is authorized to furnish,
731	731	7 pursuant to positive identification, the information contained
732	732	8 in State files as is necessary to fulfill the request.
733	733	9 (j) Temporary appointments. In order to prevent a stoppage
734	734	10 of public business, to meet extraordinary exigencies, or to
735	735	11 prevent material impairment of the fire department, the
736	736	12 commission may make temporary appointments, to remain in force
737	737	13 only until regular appointments are made under the provisions
738	738	14 of this Division, but never to exceed 60 days. No temporary
739	739	15 appointment of any one person shall be made more than twice in
740	740	16 any calendar year.
741	741	17 (k) A person who knowingly divulges or receives test
742	742	18 questions or answers before a written examination, or
743	743	19 otherwise knowingly violates or subverts any requirement of
744	744	20 this Section, commits a violation of this Section and may be
745	745	21 subject to charges for official misconduct.
746	746	22 A person who is the knowing recipient of test information
747	747	23 in advance of the examination shall be disqualified from the
748	748	24 examination or discharged from the position to which he or she
749	749	25 was appointed, as applicable, and otherwise subjected to
750	750	26 disciplinary actions.
751	751
752	752
753	753
754	754
755	755
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757	757
758	758
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760	760	HB1647 - 21 - LRB104 08523 RTM 18575 b
761	761	1 (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
762	762	2 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
763	763	3 5-13-22.)
764	764	4 (65 ILCS 5/10-1-7.2)
765	765	5 Sec. 10-1-7.2. Alternative procedure; original
766	766	6 appointment; full-time firefighter.
767	767	7 (a) Authority. The Joint Labor and Management Committee
768	768	8 (JLMC), as defined in Section 50 of the Fire Department
769	769	9 Promotion Act, may establish a community outreach program to
770	770	10 market the profession of firefighter and firefighter-paramedic
771	771	11 so as to ensure the pool of applicants recruited is of broad
772	772	12 diversity and the highest quality. Nothing in this Section
773	773	13 requires that the Joint Labor and Management Committee
774	774	14 establish or operate the community outreach program or master
775	775	15 register of eligibles, or to contract with a testing agency to
776	776	16 establish or operate such program or register, unless the
777	777	17 Joint Labor and Management Committee chooses to do so.
778	778	18 For the purposes of this Section, "firefighter" means any
779	779	19 person who has been prior to, on, or after the effective date
780	780	20 of this amendatory Act of the 97th General Assembly appointed
781	781	21 to a fire department or fire protection district, or employed
782	782	22 by a State university, unit of local government, or Emergency
783	783	23 Medical Services (EMS) System, and sworn or commissioned or
784	784	24 employed to perform (i) firefighter duties, (ii) or paramedic,
785	785	25 emergency medical technician (EMT), emergency medical
786	786
787	787
788	788
789	789
790	790
791	791	HB1647 - 21 - LRB104 08523 RTM 18575 b
792	792
793	793
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795	795	HB1647 - 22 - LRB104 08523 RTM 18575 b
796	796	1 technician-basic (EMT-B), emergency medical
797	797	2 technician-intermediate (EMT-I), or advanced emergency medical
798	798	3 technician (A-EMT) duties, (iii) or both, except that the
799	799	4 following persons are not included: part-time firefighters;
800	800	5 auxiliary, reserve, or voluntary firefighters, including
801	801	6 paid-on-call firefighters; clerks and dispatchers or other
802	802	7 civilian employees of a fire department or fire protection
803	803	8 district who are not routinely expected to perform firefighter
804	804	9 duties; and elected officials.
805	805	10 (b) Eligibility. Persons eligible for placement on the
806	806	11 master register of eligibles shall consist of the following:
807	807	12 Persons who have participated in and received a
808	808	13 passing total score on the mental aptitude, physical
809	809	14 ability, and preference components of a regionally
810	810	15 administered test based on the standards described in this
811	811	16 Section. The standards for administering these tests and
812	812	17 the minimum passing score required for placement on this
813	813	18 list shall be as is set forth in this Section.
814	814	19 Qualified candidates shall be listed on the master
815	815	20 register of eligibles in highest to lowest rank order
816	816	21 based upon their test scores without regard to their date
817	817	22 of examination. Candidates listed on the master register
818	818	23 of eligibles shall be eligible for appointment for 2 years
819	819	24 after the date of the certification of their final score
820	820	25 on the register without regard to the date of their
821	821	26 examination. After 2 years, the candidate's name shall be
822	822
823	823
824	824
825	825
826	826
827	827	HB1647 - 22 - LRB104 08523 RTM 18575 b
828	828
829	829
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831	831	HB1647 - 23 - LRB104 08523 RTM 18575 b
832	832	1 struck from the list.
833	833	2 Any person currently employed as a full-time member of
834	834	3 a fire department or any person who has experienced a
835	835	4 non-voluntary (and non-disciplinary) separation from the
836	836	5 active workforce due to a reduction in the number of
837	837	6 departmental officers, who was appointed pursuant to this
838	838	7 Division, Division 2.1 of Article 10 of the Illinois
839	839	8 Municipal Code, or the Fire Protection District Act, and
840	840	9 who during the previous 24 months participated in and
841	841	10 received a passing score on the physical ability and
842	842	11 mental aptitude components of the test may request that
843	843	12 his or her name be added to the master register. Any
844	844	13 eligible person may be offered employment by a local
845	845	14 commission under the same procedures as provided by this
846	846	15 Section except that the apprenticeship period may be
847	847	16 waived and the applicant may be immediately issued a
848	848	17 certificate of original appointment by the local
849	849	18 commission.
850	850	19 (c) Qualifications for placement on register of eligibles.
851	851	20 The purpose for establishing a master register of eligibles
852	852	21 shall be to identify applicants who possess and demonstrate
853	853	22 the mental aptitude and physical ability to perform the duties
854	854	23 required of members of the fire department in order to provide
855	855	24 the highest quality of service to the public. To this end, all
856	856	25 applicants for original appointment to an affected fire
857	857	26 department through examination conducted by the Joint Labor
858	858
859	859
860	860
861	861
862	862
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864	864
865	865
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867	867	HB1647 - 24 - LRB104 08523 RTM 18575 b
868	868	1 and Management Committee (JLMC) shall be subject to
869	869	2 examination and testing which shall be public, competitive,
870	870	3 and open to all applicants. Any examination and testing
871	871	4 procedure utilized under subsection (e) of this Section shall
872	872	5 be supported by appropriate validation evidence and shall
873	873	6 comply with all applicable state and federal laws. Any
874	874	7 subjective component of the testing must be administered by
875	875	8 certified assessors. All qualifying and disqualifying factors
876	876	9 applicable to examination processes for local commissions in
877	877	10 this amendatory Act of the 97th General Assembly shall be
878	878	11 applicable to persons participating in Joint Labor and
879	879	12 Management Committee examinations unless specifically provided
880	880	13 otherwise in this Section.
881	881	14 Notice of the time, place, general scope, and fee of every
882	882	15 JLMC examination shall be given by the JLMC or designated
883	883	16 testing agency, as applicable, by publication at least 30 days
884	884	17 preceding the examination, in one or more newspapers published
885	885	18 in the region, or if no newspaper is published therein, then in
886	886	19 one or more newspapers with a general circulation within the
887	887	20 region. The JLMC may publish the notice on the JLMC's Internet
888	888	21 website. Additional notice of the examination may be given as
889	889	22 the JLMC shall prescribe.
890	890	23 (d) Examination and testing components for placement on
891	891	24 register of eligibles. The examination and qualifying
892	892	25 standards for placement on the master register of eligibles
893	893	26 and employment shall be based on the following components:
894	894
895	895
896	896
897	897
898	898
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900	900
901	901
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903	903	HB1647 - 25 - LRB104 08523 RTM 18575 b
904	904	1 mental aptitude, physical ability, preferences, moral
905	905	2 character, and health. The mental aptitude, physical ability,
906	906	3 and preference components shall determine an applicant's
907	907	4 qualification for and placement on the master register of
908	908	5 eligibles. The consideration of an applicant's general moral
909	909	6 character and health shall be administered on a pass-fail
910	910	7 basis after a conditional offer of employment is made by a
911	911	8 local commission.
912	912	9 (e) Mental aptitude. Examination of an applicant's mental
913	913	10 aptitude shall be based upon written examination and an
914	914	11 applicant's prior experience demonstrating an aptitude for and
915	915	12 commitment to service as a member of a fire department.
916	916	13 Written examinations shall be practical in character and
917	917	14 relate to those matters that fairly test the capacity of the
918	918	15 persons examined to discharge the duties performed by members
919	919	16 of a fire department. Written examinations shall be
920	920	17 administered in a manner that ensures the security and
921	921	18 accuracy of the scores achieved. Any subjective component of
922	922	19 the testing must be administered by certified assessors. No
923	923	20 person who does not possess a high school diploma or an
924	924	21 equivalent high school education shall be placed on a register
925	925	22 of eligibles. Local commissions may establish educational,
926	926	23 emergency medical service licensure, and other pre-requisites
927	927	24 for hire within their jurisdiction.
928	928	25 (f) Physical ability. All candidates shall be required to
929	929	26 undergo an examination of their physical ability to perform
930	930
931	931
932	932
933	933
934	934
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936	936
937	937
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939	939	HB1647 - 26 - LRB104 08523 RTM 18575 b
940	940	1 the essential functions included in the duties they may be
941	941	2 called upon to perform as a member of a fire department. For
942	942	3 the purposes of this Section, essential functions of the job
943	943	4 are functions associated with duties that a firefighter may be
944	944	5 called upon to perform in response to emergency calls. The
945	945	6 frequency of the occurrence of those duties as part of the fire
946	946	7 department's regular routine shall not be a controlling factor
947	947	8 in the design of examination criteria or evolutions selected
948	948	9 for testing. These physical examinations shall be open,
949	949	10 competitive, and based on industry standards designed to test
950	950	11 each applicant's physical abilities in each of the following
951	951	12 dimensions:
952	952	13 (1) Muscular strength to perform tasks and evolutions
953	953	14 that may be required in the performance of duties
954	954	15 including grip strength, leg strength, and arm strength.
955	955	16 Tests shall be conducted under anaerobic as well as
956	956	17 aerobic conditions to test both the candidate's speed and
957	957	18 endurance in performing tasks and evolutions. Tasks tested
958	958	19 are to be based on industry standards developed by the
959	959	20 JLMC by rule.
960	960	21 (2) The ability to climb ladders, operate from
961	961	22 heights, walk or crawl in the dark along narrow and uneven
962	962	23 surfaces, and operate in proximity to hazardous
963	963	24 environments.
964	964	25 (3) The ability to carry out critical, time-sensitive,
965	965	26 and complex problem solving during physical exertion in
966	966
967	967
968	968
969	969
970	970
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972	972
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975	975	HB1647 - 27 - LRB104 08523 RTM 18575 b
976	976	1 stressful and hazardous environments. The testing
977	977	2 environment may be hot and dark with tightly enclosed
978	978	3 spaces, flashing lights, sirens, and other distractions.
979	979	4 The tests utilized to measure each applicant's
980	980	5 capabilities in each of these dimensions may be tests based on
981	981	6 industry standards currently in use or equivalent tests
982	982	7 approved by the Joint Labor-Management Committee of the Office
983	983	8 of the State Fire Marshal.
984	984	9 (g) Scoring of examination components. The examination
985	985	10 components shall be graded on a 100-point scale. A person's
986	986	11 position on the master register of eligibles shall be
987	987	12 determined by the person's score on the written examination,
988	988	13 the person successfully passing the physical ability
989	989	14 component, and the addition of any applicable preference
990	990	15 points.
991	991	16 Applicants who have achieved at least the minimum score on
992	992	17 the written examination, as set by the JLMC, and who
993	993	18 successfully pass the physical ability examination shall be
994	994	19 placed on the initial eligibility register. Minimum scores
995	995	20 should be set by the JLMC so as to demonstrate a candidate's
996	996	21 ability to perform the essential functions of the job. The
997	997	22 minimum score set by the JLMC shall be supported by
998	998	23 appropriate validation evidence and shall comply with all
999	999	24 applicable State and federal laws. Applicable preference
1000	1000	25 points shall be added to the written examination scores for
1001	1001	26 all applicants who qualify for the initial eligibility
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
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1008	1008
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1011	1011	HB1647 - 28 - LRB104 08523 RTM 18575 b
1012	1012	1 register. Applicants who score at or above the minimum passing
1013	1013	2 score as set by the JLMC, including any applicable preference
1014	1014	3 points, shall be placed on the master register of eligibles by
1015	1015	4 the JLMC.
1016	1016	5 These persons shall take rank upon the register as
1017	1017	6 candidates in the order of their relative excellence based on
1018	1018	7 the highest to the lowest total points scored on the mental
1019	1019	8 aptitude and physical ability components, plus any applicable
1020	1020	9 preference points requested and verified by the JLMC, or
1021	1021	10 approved testing agency.
1022	1022	11 No more than 60 days after each examination, a revised
1023	1023	12 master register of eligibles shall be posted by the JLMC
1024	1024	13 showing the final grades of the candidates without reference
1025	1025	14 to priority of time of examination.
1026	1026	15 (h) Preferences. The board shall give military, education,
1027	1027	16 and experience preference points to those who qualify for
1028	1028	17 placement on the master register of eligibles, on the same
1029	1029	18 basis as provided for examinations administered by a local
1030	1030	19 commission.
1031	1031	20 No person entitled to preference or credit shall be
1032	1032	21 required to claim the credit before any examination held under
1033	1033	22 the provisions of this Section. The preference shall be given
1034	1034	23 after the posting or publication of the applicant's initial
1035	1035	24 score at the request of the person before finalizing the
1036	1036	25 scores from all applicants taking part in a JLMC examination.
1037	1037	26 Candidates who are eligible for preference credit shall make a
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042
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1044	1044
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1047	1047	HB1647 - 29 - LRB104 08523 RTM 18575 b
1048	1048	1 claim in writing within 10 days after the posting of the
1049	1049	2 initial scores from any JLMC test or the claim shall be deemed
1050	1050	3 waived. Once preference points are awarded, the candidates
1051	1051	4 shall be certified to the master register in accordance with
1052	1052	5 their final score including preference points.
1053	1053	6 (i) Firefighter apprentice and firefighter-paramedic
1054	1054	7 apprentice. The employment of an applicant to an apprentice
1055	1055	8 position (including a currently employed full-time member of a
1056	1056	9 fire department whose apprenticeship may be reduced or waived)
1057	1057	10 shall be subject to the applicant passing the moral character
1058	1058	11 standards and health examinations of the local commission. In
1059	1059	12 addition, a local commission may require as a condition of
1060	1060	13 employment that the applicant demonstrate current physical
1061	1061	14 ability by either passing the local commission's approved
1062	1062	15 physical ability examination, or by presenting proof of
1063	1063	16 participating in and receiving a passing score on the physical
1064	1064	17 ability component of a JLMC test within a period of up to 12
1065	1065	18 months before the date of the conditional offer of employment.
1066	1066	19 Applicants shall be subject to the local commission's initial
1067	1067	20 hire background review including criminal history, employment
1068	1068	21 history, moral character, oral examination, and medical
1069	1069	22 examinations which may include polygraph, psychological, and
1070	1070	23 drug screening components, all on a pass-fail basis. The
1071	1071	24 medical examinations must be conducted last, and may only be
1072	1072	25 performed after a conditional offer of employment has been
1073	1073	26 extended.
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078
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1080	1080
1081	1081
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1083	1083	HB1647 - 30 - LRB104 08523 RTM 18575 b
1084	1084	1 (j) Selection from list. Any municipality or fire
1085	1085	2 protection district that is a party to an intergovernmental
1086	1086	3 agreement under the terms of which persons have been tested
1087	1087	4 for placement on the master register of eligibles shall be
1088	1088	5 entitled to offer employment to any person on the list
1089	1089	6 irrespective of their ranking on the list. The offer of
1090	1090	7 employment shall be to the position of firefighter apprentice
1091	1091	8 or firefighter-paramedic apprentice.
1092	1092	9 Applicants passing these tests may be employed as a
1093	1093	10 firefighter apprentice or a firefighter-paramedic apprentice
1094	1094	11 who shall serve an apprenticeship period of 12 months or less
1095	1095	12 according to the terms and conditions of employment as the
1096	1096	13 employing municipality or district offers, or as provided for
1097	1097	14 under the terms of any collective bargaining agreement then in
1098	1098	15 effect. The apprenticeship period is separate from the
1099	1099	16 probationary period.
1100	1100	17 Service during the apprenticeship period shall be on a
1101	1101	18 probationary basis. During the apprenticeship period, the
1102	1102	19 apprentice's training and performance shall be monitored and
1103	1103	20 evaluated by a Joint Apprenticeship Committee.
1104	1104	21 The Joint Apprenticeship Committee shall consist of 4
1105	1105	22 members who shall be regular members of the fire department
1106	1106	23 with at least 10 years of full-time work experience as a
1107	1107	24 firefighter or firefighter-paramedic. The fire chief and the
1108	1108	25 president of the exclusive bargaining representative
1109	1109	26 recognized by the employer shall each appoint 2 members to the
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114
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1116	1116
1117	1117
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1120	1120	1 Joint Apprenticeship Committee. In the absence of an exclusive
1121	1121	2 collective bargaining representative, the chief shall appoint
1122	1122	3 the remaining 2 members who shall be from the ranks of company
1123	1123	4 officer and firefighter with at least 10 years of work
1124	1124	5 experience as a firefighter or firefighter-paramedic. In the
1125	1125	6 absence of a sufficient number of qualified firefighters, the
1126	1126	7 Joint Apprenticeship Committee members shall have the amount
1127	1127	8 of experience and the type of qualifications as is reasonable
1128	1128	9 given the circumstances of the fire department. In the absence
1129	1129	10 of a full-time member in a rank between chief and the highest
1130	1130	11 rank in a bargaining unit, the Joint Apprenticeship Committee
1131	1131	12 shall be reduced to 2 members, one to be appointed by the chief
1132	1132	13 and one by the union president, if any. If there is no
1133	1133	14 exclusive bargaining representative, the chief shall appoint
1134	1134	15 the second member of the Joint Apprenticeship Committee from
1135	1135	16 among qualified members in the ranks of company officer and
1136	1136	17 below. Before the conclusion of the apprenticeship period, the
1137	1137	18 Joint Apprenticeship Committee shall meet to consider the
1138	1138	19 apprentice's progress and performance and vote to retain the
1139	1139	20 apprentice as a member of the fire department or to terminate
1140	1140	21 the apprenticeship. If 3 of the 4 members of the Joint
1141	1141	22 Apprenticeship Committee affirmatively vote to retain the
1142	1142	23 apprentice (if a 2 member Joint Apprenticeship Committee
1143	1143	24 exists, then both members must affirmatively vote to retain
1144	1144	25 the apprentice), the local commission shall issue the
1145	1145	26 apprentice a certificate of original appointment to the fire
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150
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1152	1152
1153	1153
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1155	1155	HB1647 - 32 - LRB104 08523 RTM 18575 b
1156	1156	1 department.
1157	1157	2 (k) A person who knowingly divulges or receives test
1158	1158	3 questions or answers before a written examination, or
1159	1159	4 otherwise knowingly violates or subverts any requirement of
1160	1160	5 this Section, commits a violation of this Section and may be
1161	1161	6 subject to charges for official misconduct.
1162	1162	7 A person who is the knowing recipient of test information
1163	1163	8 in advance of the examination shall be disqualified from the
1164	1164	9 examination or discharged from the position to which he or she
1165	1165	10 was appointed, as applicable, and otherwise subjected to
1166	1166	11 disciplinary actions.
1167	1167	12 (l) Applicability. This Section does not apply to a
1168	1168	13 municipality with more than 1,000,000 inhabitants.
1169	1169	14 (Source: P.A. 102-188, eff. 1-1-22.)
1170	1170	15 (65 ILCS 5/10-2.1-6.3)
1171	1171	16 Sec. 10-2.1-6.3. Original appointments; full-time fire
1172	1172	17 department.
1173	1173	18 (a) Applicability. Unless a commission elects to follow
1174	1174	19 the provisions of Section 10-2.1-6.4, this Section shall apply
1175	1175	20 to all original appointments to an affected full-time fire
1176	1176	21 department. Existing registers of eligibles shall continue to
1177	1177	22 be valid until their expiration dates, or up to a maximum of 2
1178	1178	23 years after August 4, 2011 (the effective date of Public Act
1179	1179	24 97-251).
1180	1180	25 Notwithstanding any statute, ordinance, rule, or other law
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185
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1187	1187
1188	1188
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1190	1190	HB1647 - 33 - LRB104 08523 RTM 18575 b
1191	1191	1 to the contrary, all original appointments to an affected
1192	1192	2 department to which this Section applies shall be administered
1193	1193	3 in the manner provided for in this Section. Provisions of the
1194	1194	4 Illinois Municipal Code, municipal ordinances, and rules
1195	1195	5 adopted pursuant to such authority and other laws relating to
1196	1196	6 initial hiring of firefighters in affected departments shall
1197	1197	7 continue to apply to the extent they are compatible with this
1198	1198	8 Section, but in the event of a conflict between this Section
1199	1199	9 and any other law, this Section shall control.
1200	1200	10 A home rule or non-home rule municipality may not
1201	1201	11 administer its fire department process for original
1202	1202	12 appointments in a manner that is less stringent than this
1203	1203	13 Section. This Section is a limitation under subsection (i) of
1204	1204	14 Section 6 of Article VII of the Illinois Constitution on the
1205	1205	15 concurrent exercise by home rule units of the powers and
1206	1206	16 functions exercised by the State.
1207	1207	17 A municipality that is operating under a court order or
1208	1208	18 consent decree regarding original appointments to a full-time
1209	1209	19 fire department before August 4, 2011 (the effective date of
1210	1210	20 Public Act 97-251) is exempt from the requirements of this
1211	1211	21 Section for the duration of the court order or consent decree.
1212	1212	22 Notwithstanding any other provision of this subsection
1213	1213	23 (a), this Section does not apply to a municipality with more
1214	1214	24 than 1,000,000 inhabitants.
1215	1215	25 (b) Original appointments. All original appointments made
1216	1216	26 to an affected fire department shall be made from a register of
1217	1217
1218	1218
1219	1219
1220	1220
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1227	1227	1 eligibles established in accordance with the processes
1228	1228	2 established by this Section. Only persons who meet or exceed
1229	1229	3 the performance standards required by this Section shall be
1230	1230	4 placed on a register of eligibles for original appointment to
1231	1231	5 an affected fire department.
1232	1232	6 Whenever an appointing authority authorizes action to hire
1233	1233	7 a person to perform the duties of a firefighter or to hire a
1234	1234	8 firefighter-paramedic to fill a position that is a new
1235	1235	9 position or vacancy due to resignation, discharge, promotion,
1236	1236	10 death, the granting of a disability or retirement pension, or
1237	1237	11 any other cause, the appointing authority shall appoint to
1238	1238	12 that position the person with the highest ranking on the final
1239	1239	13 eligibility list. If the appointing authority has reason to
1240	1240	14 conclude that the highest ranked person fails to meet the
1241	1241	15 minimum standards for the position or if the appointing
1242	1242	16 authority believes an alternate candidate would better serve
1243	1243	17 the needs of the department, then the appointing authority has
1244	1244	18 the right to pass over the highest ranked person and appoint
1245	1245	19 either: (i) any person who has a ranking in the top 5% of the
1246	1246	20 register of eligibles or (ii) any person who is among the top 5
1247	1247	21 highest ranked persons on the list of eligibles if the number
1248	1248	22 of people who have a ranking in the top 5% of the register of
1249	1249	23 eligibles is less than 5 people.
1250	1250	24 Any candidate may pass on an appointment once without
1251	1251	25 losing his or her position on the register of eligibles. Any
1252	1252	26 candidate who passes a second time may be removed from the list
1253	1253
1254	1254
1255	1255
1256	1256
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1259	1259
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1263	1263	1 by the appointing authority provided that such action shall
1264	1264	2 not prejudice a person's opportunities to participate in
1265	1265	3 future examinations, including an examination held during the
1266	1266	4 time a candidate is already on the municipality's register of
1267	1267	5 eligibles.
1268	1268	6 The sole authority to issue certificates of appointment
1269	1269	7 shall be vested in the board of fire and police commissioners.
1270	1270	8 All certificates of appointment issued to any officer or
1271	1271	9 member of an affected department shall be signed by the
1272	1272	10 chairperson and secretary, respectively, of the board upon
1273	1273	11 appointment of such officer or member to the affected
1274	1274	12 department by action of the board. After being selected from
1275	1275	13 the register of eligibles to fill a vacancy in the affected
1276	1276	14 department, each appointee shall be presented with his or her
1277	1277	15 certificate of appointment on the day on which he or she is
1278	1278	16 sworn in as a classified member of the affected department.
1279	1279	17 Firefighters who were not issued a certificate of appointment
1280	1280	18 when originally appointed shall be provided with a certificate
1281	1281	19 within 10 days after making a written request to the
1282	1282	20 chairperson of the board of fire and police commissioners.
1283	1283	21 Each person who accepts a certificate of appointment and
1284	1284	22 successfully completes his or her probationary period shall be
1285	1285	23 enrolled as a firefighter and as a regular member of the fire
1286	1286	24 department.
1287	1287	25 For the purposes of this Section, "firefighter" means any
1288	1288	26 person who has been prior to, on, or after August 4, 2011 (the
1289	1289
1290	1290
1291	1291
1292	1292
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1299	1299	1 effective date of Public Act 97-251) appointed to a fire
1300	1300	2 department or fire protection district, or employed by a State
1301	1301	3 university, unit of local government, or Emergency Medical
1302	1302	4 Services (EMS) System, and sworn or commissioned or employed
1303	1303	5 to perform (i) firefighter duties, (ii) or paramedic,
1304	1304	6 emergency medical technician (EMT), emergency medical
1305	1305	7 technician-basic (EMT-B), emergency medical
1306	1306	8 technician-intermediate (EMT-I), or advanced emergency medical
1307	1307	9 technician (A-EMT) duties, (iii) or both, except that the
1308	1308	10 following persons are not included: part-time firefighters;
1309	1309	11 auxiliary, reserve, or voluntary firefighters, including
1310	1310	12 paid-on-call firefighters; clerks and dispatchers or other
1311	1311	13 civilian employees of a fire department or fire protection
1312	1312	14 district who are not routinely expected to perform firefighter
1313	1313	15 duties; and elected officials.
1314	1314	16 (c) Qualification for placement on register of eligibles.
1315	1315	17 The purpose of establishing a register of eligibles is to
1316	1316	18 identify applicants who possess and demonstrate the mental
1317	1317	19 aptitude and physical ability to perform the duties required
1318	1318	20 of members of the fire department in order to provide the
1319	1319	21 highest quality of service to the public. To this end, all
1320	1320	22 applicants for original appointment to an affected fire
1321	1321	23 department shall be subject to examination and testing which
1322	1322	24 shall be public, competitive, and open to all applicants
1323	1323	25 unless the municipality shall by ordinance limit applicants to
1324	1324	26 residents of the municipality, county or counties in which the
1325	1325
1326	1326
1327	1327
1328	1328
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1331	1331
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1335	1335	1 municipality is located, State, or nation. Any examination and
1336	1336	2 testing procedure utilized under subsection (e) of this
1337	1337	3 Section shall be supported by appropriate validation evidence
1338	1338	4 and shall comply with all applicable State and federal laws.
1339	1339	5 Municipalities may establish educational, emergency medical
1340	1340	6 service licensure, and other prerequisites for participation
1341	1341	7 in an examination or for hire as a firefighter. Any
1342	1342	8 municipality may charge a fee to cover the costs of the
1343	1343	9 application process.
1344	1344	10 Residency requirements in effect at the time an individual
1345	1345	11 enters the fire service of a municipality cannot be made more
1346	1346	12 restrictive for that individual during his or her period of
1347	1347	13 service for that municipality, or be made a condition of
1348	1348	14 promotion, except for the rank or position of fire chief and
1349	1349	15 for no more than 2 positions that rank immediately below that
1350	1350	16 of the chief rank which are appointed positions pursuant to
1351	1351	17 the Fire Department Promotion Act.
1352	1352	18 No person who is 35 years of age or older shall be eligible
1353	1353	19 to take an examination for a position as a firefighter unless
1354	1354	20 the person has had previous employment status as a firefighter
1355	1355	21 in the regularly constituted fire department of the
1356	1356	22 municipality, except as provided in this Section. The age
1357	1357	23 limitation does not apply to:
1358	1358	24 (1) any person previously employed as a full-time
1359	1359	25 firefighter in a regularly constituted fire department of
1360	1360	26 (i) any municipality or fire protection district located
1361	1361
1362	1362
1363	1363
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1371	1371	1 in Illinois, (ii) a fire protection district whose
1372	1372	2 obligations were assumed by a municipality under Section
1373	1373	3 21 of the Fire Protection District Act, or (iii) a
1374	1374	4 municipality whose obligations were taken over by a fire
1375	1375	5 protection district,
1376	1376	6 (2) any person who has served a municipality as a
1377	1377	7 regularly enrolled volunteer, paid-on-call, or part-time
1378	1378	8 firefighter, or
1379	1379	9 (3) any person who turned 35 while serving as a member
1380	1380	10 of the active or reserve components of any of the branches
1381	1381	11 of the Armed Forces of the United States or the National
1382	1382	12 Guard of any state, whose service was characterized as
1383	1383	13 honorable or under honorable, if separated from the
1384	1384	14 military, and is currently under the age of 40.
1385	1385	15 No person who is under 21 years of age shall be eligible
1386	1386	16 for employment as a firefighter.
1387	1387	17 No applicant shall be examined concerning his or her
1388	1388	18 political or religious opinions or affiliations. The
1389	1389	19 examinations shall be conducted by the commissioners of the
1390	1390	20 municipality or their designees and agents.
1391	1391	21 No municipality shall require that any firefighter
1392	1392	22 appointed to the lowest rank serve a probationary employment
1393	1393	23 period of longer than one year of actual active employment,
1394	1394	24 which may exclude periods of training, or injury or illness
1395	1395	25 leaves, including duty related leave, in excess of 30 calendar
1396	1396	26 days. Notwithstanding anything to the contrary in this
1397	1397
1398	1398
1399	1399
1400	1400
1401	1401
1402	1402	HB1647 - 38 - LRB104 08523 RTM 18575 b
1403	1403
1404	1404
1405	1405	HB1647- 39 -LRB104 08523 RTM 18575 b HB1647 - 39 - LRB104 08523 RTM 18575 b
1406	1406	HB1647 - 39 - LRB104 08523 RTM 18575 b
1407	1407	1 Section, the probationary employment period limitation may be
1408	1408	2 extended for a firefighter who is required, as a condition of
1409	1409	3 employment, to be a licensed paramedic, during which time the
1410	1410	4 sole reason that a firefighter may be discharged without a
1411	1411	5 hearing is for failing to meet the requirements for paramedic
1412	1412	6 licensure.
1413	1413	7 In the event that any applicant who has been found
1414	1414	8 eligible for appointment and whose name has been placed upon
1415	1415	9 the final eligibility register provided for in this Section
1416	1416	10 has not been appointed to a firefighter position within one
1417	1417	11 year after the date of his or her physical ability
1418	1418	12 examination, the commission may cause a second examination to
1419	1419	13 be made of that applicant's physical ability prior to his or
1420	1420	14 her appointment. If, after the second examination, the
1421	1421	15 physical ability of the applicant shall be found to be less
1422	1422	16 than the minimum standard fixed by the rules of the
1423	1423	17 commission, the applicant shall not be appointed. The
1424	1424	18 applicant's name may be retained upon the register of
1425	1425	19 candidates eligible for appointment and when next reached for
1426	1426	20 certification and appointment that applicant may be again
1427	1427	21 examined as provided in this Section, and if the physical
1428	1428	22 ability of that applicant is found to be less than the minimum
1429	1429	23 standard fixed by the rules of the commission, the applicant
1430	1430	24 shall not be appointed, and the name of the applicant shall be
1431	1431	25 removed from the register.
1432	1432	26 (d) Notice, examination, and testing components. Notice of
1433	1433
1434	1434
1435	1435
1436	1436
1437	1437
1438	1438	HB1647 - 39 - LRB104 08523 RTM 18575 b
1439	1439
1440	1440
1441	1441	HB1647- 40 -LRB104 08523 RTM 18575 b HB1647 - 40 - LRB104 08523 RTM 18575 b
1442	1442	HB1647 - 40 - LRB104 08523 RTM 18575 b
1443	1443	1 the time, place, general scope, merit criteria for any
1444	1444	2 subjective component, and fee of every examination shall be
1445	1445	3 given by the commission, by a publication at least 2 weeks
1446	1446	4 preceding the examination: (i) in one or more newspapers
1447	1447	5 published in the municipality, or if no newspaper is published
1448	1448	6 therein, then in one or more newspapers with a general
1449	1449	7 circulation within the municipality, or (ii) on the
1450	1450	8 municipality's Internet website. Additional notice of the
1451	1451	9 examination may be given as the commission shall prescribe.
1452	1452	10 The examination and qualifying standards for employment of
1453	1453	11 firefighters shall be based on: mental aptitude, physical
1454	1454	12 ability, preferences, moral character, and health. The mental
1455	1455	13 aptitude, physical ability, and preference components shall
1456	1456	14 determine an applicant's qualification for and placement on
1457	1457	15 the final register of eligibles. The examination may also
1458	1458	16 include a subjective component based on merit criteria as
1459	1459	17 determined by the commission. Scores from the examination must
1460	1460	18 be made available to the public.
1461	1461	19 (e) Mental aptitude. No person who does not possess at
1462	1462	20 least a high school diploma or an equivalent high school
1463	1463	21 education shall be placed on a register of eligibles.
1464	1464	22 Examination of an applicant's mental aptitude shall be based
1465	1465	23 upon a written examination. The examination shall be practical
1466	1466	24 in character and relate to those matters that fairly test the
1467	1467	25 capacity of the persons examined to discharge the duties
1468	1468	26 performed by members of a fire department. Written
1469	1469
1470	1470
1471	1471
1472	1472
1473	1473
1474	1474	HB1647 - 40 - LRB104 08523 RTM 18575 b
1475	1475
1476	1476
1477	1477	HB1647- 41 -LRB104 08523 RTM 18575 b HB1647 - 41 - LRB104 08523 RTM 18575 b
1478	1478	HB1647 - 41 - LRB104 08523 RTM 18575 b
1479	1479	1 examinations shall be administered in a manner that ensures
1480	1480	2 the security and accuracy of the scores achieved.
1481	1481	3 (f) Physical ability. All candidates shall be required to
1482	1482	4 undergo an examination of their physical ability to perform
1483	1483	5 the essential functions included in the duties they may be
1484	1484	6 called upon to perform as a member of a fire department. For
1485	1485	7 the purposes of this Section, essential functions of the job
1486	1486	8 are functions associated with duties that a firefighter may be
1487	1487	9 called upon to perform in response to emergency calls. The
1488	1488	10 frequency of the occurrence of those duties as part of the fire
1489	1489	11 department's regular routine shall not be a controlling factor
1490	1490	12 in the design of examination criteria or evolutions selected
1491	1491	13 for testing. These physical examinations shall be open,
1492	1492	14 competitive, and based on industry standards designed to test
1493	1493	15 each applicant's physical abilities in the following
1494	1494	16 dimensions:
1495	1495	17 (1) Muscular strength to perform tasks and evolutions
1496	1496	18 that may be required in the performance of duties
1497	1497	19 including grip strength, leg strength, and arm strength.
1498	1498	20 Tests shall be conducted under anaerobic as well as
1499	1499	21 aerobic conditions to test both the candidate's speed and
1500	1500	22 endurance in performing tasks and evolutions. Tasks tested
1501	1501	23 may be based on standards developed, or approved, by the
1502	1502	24 local appointing authority.
1503	1503	25 (2) The ability to climb ladders, operate from
1504	1504	26 heights, walk or crawl in the dark along narrow and uneven
1505	1505
1506	1506
1507	1507
1508	1508
1509	1509
1510	1510	HB1647 - 41 - LRB104 08523 RTM 18575 b
1511	1511
1512	1512
1513	1513	HB1647- 42 -LRB104 08523 RTM 18575 b HB1647 - 42 - LRB104 08523 RTM 18575 b
1514	1514	HB1647 - 42 - LRB104 08523 RTM 18575 b
1515	1515	1 surfaces, and operate in proximity to hazardous
1516	1516	2 environments.
1517	1517	3 (3) The ability to carry out critical, time-sensitive,
1518	1518	4 and complex problem solving during physical exertion in
1519	1519	5 stressful and hazardous environments. The testing
1520	1520	6 environment may be hot and dark with tightly enclosed
1521	1521	7 spaces, flashing lights, sirens, and other distractions.
1522	1522	8 The tests utilized to measure each applicant's
1523	1523	9 capabilities in each of these dimensions may be tests based on
1524	1524	10 industry standards currently in use or equivalent tests
1525	1525	11 approved by the Joint Labor-Management Committee of the Office
1526	1526	12 of the State Fire Marshal.
1527	1527	13 Physical ability examinations administered under this
1528	1528	14 Section shall be conducted with a reasonable number of
1529	1529	15 proctors and monitors, open to the public, and subject to
1530	1530	16 reasonable regulations of the commission.
1531	1531	17 (g) Scoring of examination components. Appointing
1532	1532	18 authorities may create a preliminary eligibility register. A
1533	1533	19 person shall be placed on the list based upon his or her
1534	1534	20 passage of the written examination or the passage of the
1535	1535	21 written examination and the physical ability component.
1536	1536	22 Passage of the written examination means attaining the minimum
1537	1537	23 score set by the commission. Minimum scores should be set by
1538	1538	24 the commission so as to demonstrate a candidate's ability to
1539	1539	25 perform the essential functions of the job. The minimum score
1540	1540	26 set by the commission shall be supported by appropriate
1541	1541
1542	1542
1543	1543
1544	1544
1545	1545
1546	1546	HB1647 - 42 - LRB104 08523 RTM 18575 b
1547	1547
1548	1548
1549	1549	HB1647- 43 -LRB104 08523 RTM 18575 b HB1647 - 43 - LRB104 08523 RTM 18575 b
1550	1550	HB1647 - 43 - LRB104 08523 RTM 18575 b
1551	1551	1 validation evidence and shall comply with all applicable State
1552	1552	2 and federal laws. The appointing authority may conduct the
1553	1553	3 physical ability component and any subjective components
1554	1554	4 subsequent to the posting of the preliminary eligibility
1555	1555	5 register.
1556	1556	6 The examination components for an initial eligibility
1557	1557	7 register shall be graded on a 100-point scale. A person's
1558	1558	8 position on the list shall be determined by the following: (i)
1559	1559	9 the person's score on the written examination, (ii) the person
1560	1560	10 successfully passing the physical ability component, and (iii)
1561	1561	11 the person's results on any subjective component as described
1562	1562	12 in subsection (d).
1563	1563	13 In order to qualify for placement on the final eligibility
1564	1564	14 register, an applicant's score on the written examination,
1565	1565	15 before any applicable preference points or subjective points
1566	1566	16 are applied, shall be at or above the minimum score as set by
1567	1567	17 the commission. The local appointing authority may prescribe
1568	1568	18 the score to qualify for placement on the final eligibility
1569	1569	19 register, but the score shall not be less than the minimum
1570	1570	20 score set by the commission.
1571	1571	21 The commission shall prepare and keep a register of
1572	1572	22 persons whose total score is not less than the minimum score
1573	1573	23 for passage and who have passed the physical ability
1574	1574	24 examination. These persons shall take rank upon the register
1575	1575	25 as candidates in the order of their relative excellence based
1576	1576	26 on the highest to the lowest total points scored on the mental
1577	1577
1578	1578
1579	1579
1580	1580
1581	1581
1582	1582	HB1647 - 43 - LRB104 08523 RTM 18575 b
1583	1583
1584	1584
1585	1585	HB1647- 44 -LRB104 08523 RTM 18575 b HB1647 - 44 - LRB104 08523 RTM 18575 b
1586	1586	HB1647 - 44 - LRB104 08523 RTM 18575 b
1587	1587	1 aptitude, subjective component, and preference components of
1588	1588	2 the test administered in accordance with this Section. No more
1589	1589	3 than 60 days after each examination, an initial eligibility
1590	1590	4 list shall be posted by the commission. The list shall include
1591	1591	5 the final grades of the candidates without reference to
1592	1592	6 priority of the time of examination and subject to claim for
1593	1593	7 preference credit.
1594	1594	8 Commissions may conduct additional examinations, including
1595	1595	9 without limitation a polygraph test, after a final eligibility
1596	1596	10 register is established and before it expires with the
1597	1597	11 candidates ranked by total score without regard to date of
1598	1598	12 examination. No more than 60 days after each examination, an
1599	1599	13 initial eligibility list shall be posted by the commission
1600	1600	14 showing the final grades of the candidates without reference
1601	1601	15 to priority of time of examination and subject to claim for
1602	1602	16 preference credit.
1603	1603	17 (h) Preferences. The following are preferences:
1604	1604	18 (1) Veteran preference. Persons who were engaged in
1605	1605	19 the military service of the United States for a period of
1606	1606	20 at least one year of active duty and who were honorably
1607	1607	21 discharged therefrom, or who are now or have been members
1608	1608	22 on inactive or reserve duty in such military or naval
1609	1609	23 service, shall be preferred for appointment to and
1610	1610	24 employment with the fire department of an affected
1611	1611	25 department.
1612	1612	26 (2) Fire cadet preference. Persons who have
1613	1613
1614	1614
1615	1615
1616	1616
1617	1617
1618	1618	HB1647 - 44 - LRB104 08523 RTM 18575 b
1619	1619
1620	1620
1621	1621	HB1647- 45 -LRB104 08523 RTM 18575 b HB1647 - 45 - LRB104 08523 RTM 18575 b
1622	1622	HB1647 - 45 - LRB104 08523 RTM 18575 b
1623	1623	1 successfully completed 2 years of study in fire techniques
1624	1624	2 or cadet training within a cadet program established under
1625	1625	3 the rules of the Joint Labor and Management Committee
1626	1626	4 (JLMC), as defined in Section 50 of the Fire Department
1627	1627	5 Promotion Act, may be preferred for appointment to and
1628	1628	6 employment with the fire department.
1629	1629	7 (3) Educational preference. Persons who have
1630	1630	8 successfully obtained an associate's degree in the field
1631	1631	9 of fire service or emergency medical services, or a
1632	1632	10 bachelor's degree from an accredited college or university
1633	1633	11 may be preferred for appointment to and employment with
1634	1634	12 the fire department.
1635	1635	13 (4) Paramedic preference. Persons who have obtained a
1636	1636	14 license as a paramedic shall be preferred for appointment
1637	1637	15 to and employment with the fire department of an affected
1638	1638	16 department providing emergency medical services.
1639	1639	17 (5) Experience preference. All persons employed by a
1640	1640	18 municipality who have been paid-on-call or part-time
1641	1641	19 certified Firefighter II, State of Illinois or nationally
1642	1642	20 licensed EMT, EMT-I, A-EMT, or any combination of those
1643	1643	21 capacities shall be awarded 0.5 point for each year of
1644	1644	22 successful service in one or more of those capacities, up
1645	1645	23 to a maximum of 5 points. Certified Firefighter III and
1646	1646	24 State of Illinois or nationally licensed paramedics shall
1647	1647	25 be awarded one point per year up to a maximum of 5 points.
1648	1648	26 Applicants from outside the municipality who were employed
1649	1649
1650	1650
1651	1651
1652	1652
1653	1653
1654	1654	HB1647 - 45 - LRB104 08523 RTM 18575 b
1655	1655
1656	1656
1657	1657	HB1647- 46 -LRB104 08523 RTM 18575 b HB1647 - 46 - LRB104 08523 RTM 18575 b
1658	1658	HB1647 - 46 - LRB104 08523 RTM 18575 b
1659	1659	1 as full-time firefighters or firefighter-paramedics by a
1660	1660	2 fire protection district or another municipality for at
1661	1661	3 least 2 years shall be awarded 5 experience preference
1662	1662	4 points. These additional points presuppose a rating scale
1663	1663	5 totaling 100 points available for the eligibility list. If
1664	1664	6 more or fewer points are used in the rating scale for the
1665	1665	7 eligibility list, the points awarded under this subsection
1666	1666	8 shall be increased or decreased by a factor equal to the
1667	1667	9 total possible points available for the examination
1668	1668	10 divided by 100.
1669	1669	11 Upon request by the commission, the governing body of
1670	1670	12 the municipality or in the case of applicants from outside
1671	1671	13 the municipality the governing body of any fire protection
1672	1672	14 district or any other municipality shall certify to the
1673	1673	15 commission, within 10 days after the request, the number
1674	1674	16 of years of successful paid-on-call, part-time, or
1675	1675	17 full-time service of any person. A candidate may not
1676	1676	18 receive the full amount of preference points under this
1677	1677	19 subsection if the amount of points awarded would place the
1678	1678	20 candidate before a veteran on the eligibility list. If
1679	1679	21 more than one candidate receiving experience preference
1680	1680	22 points is prevented from receiving all of their points due
1681	1681	23 to not being allowed to pass a veteran, the candidates
1682	1682	24 shall be placed on the list below the veteran in rank order
1683	1683	25 based on the totals received if all points under this
1684	1684	26 subsection were to be awarded. Any remaining ties on the
1685	1685
1686	1686
1687	1687
1688	1688
1689	1689
1690	1690	HB1647 - 46 - LRB104 08523 RTM 18575 b
1691	1691
1692	1692
1693	1693	HB1647- 47 -LRB104 08523 RTM 18575 b HB1647 - 47 - LRB104 08523 RTM 18575 b
1694	1694	HB1647 - 47 - LRB104 08523 RTM 18575 b
1695	1695	1 list shall be determined by lot.
1696	1696	2 (6) Residency preference. Applicants whose principal
1697	1697	3 residence is located within the fire department's
1698	1698	4 jurisdiction shall be preferred for appointment to and
1699	1699	5 employment with the fire department.
1700	1700	6 (7) Additional preferences. Up to 5 additional
1701	1701	7 preference points may be awarded for unique categories
1702	1702	8 based on an applicant's experience or background as
1703	1703	9 identified by the commission.
1704	1704	10 (7.5) Apprentice preferences. A person who has
1705	1705	11 performed fire suppression service for a department as a
1706	1706	12 firefighter apprentice and otherwise meets the
1707	1707	13 qualifications for original appointment as a firefighter
1708	1708	14 specified in this Section is eligible to be awarded up to
1709	1709	15 20 preference points. To qualify for preference points, an
1710	1710	16 applicant shall have completed a minimum of 600 hours of
1711	1711	17 fire suppression work on a regular shift for the affected
1712	1712	18 fire department over a 12-month period. The fire
1713	1713	19 suppression work must be in accordance with Section
1714	1714	20 10-2.1-4 of this Division and the terms established by a
1715	1715	21 Joint Apprenticeship Committee included in a collective
1716	1716	22 bargaining agreement agreed between the employer and its
1717	1717	23 certified bargaining agent. An eligible applicant must
1718	1718	24 apply to the Joint Apprenticeship Committee for preference
1719	1719	25 points under this item. The Joint Apprenticeship Committee
1720	1720	26 shall evaluate the merit of the applicant's performance,
1721	1721
1722	1722
1723	1723
1724	1724
1725	1725
1726	1726	HB1647 - 47 - LRB104 08523 RTM 18575 b
1727	1727
1728	1728
1729	1729	HB1647- 48 -LRB104 08523 RTM 18575 b HB1647 - 48 - LRB104 08523 RTM 18575 b
1730	1730	HB1647 - 48 - LRB104 08523 RTM 18575 b
1731	1731	1 determine the preference points to be awarded, and certify
1732	1732	2 the amount of points awarded to the commissioners. The
1733	1733	3 commissioners may add the certified preference points to
1734	1734	4 the final grades achieved by the applicant on the other
1735	1735	5 components of the examination.
1736	1736	6 (8) Scoring of preferences. The commission may give
1737	1737	7 preference for original appointment to persons designated
1738	1738	8 in item (1) by adding to the final grade that they receive
1739	1739	9 5 points for the recognized preference achieved. The
1740	1740	10 commission may give preference for original appointment to
1741	1741	11 persons designated in item (7.5) by adding to the final
1742	1742	12 grade the amount of points designated by the Joint
1743	1743	13 Apprenticeship Committee as defined in item (7.5). The
1744	1744	14 commission shall determine the number of preference points
1745	1745	15 for each category, except items (1) and (7.5). The number
1746	1746	16 of preference points for each category shall range from 0
1747	1747	17 to 5, except item (7.5). In determining the number of
1748	1748	18 preference points, the commission shall prescribe that if
1749	1749	19 a candidate earns the maximum number of preference points
1750	1750	20 in all categories except item (7.5), that number may not
1751	1751	21 be less than 10 nor more than 30. The commission shall give
1752	1752	22 preference for original appointment to persons designated
1753	1753	23 in items (2) through (7) by adding the requisite number of
1754	1754	24 points to the final grade for each recognized preference
1755	1755	25 achieved. The numerical result thus attained shall be
1756	1756	26 applied by the commission in determining the final
1757	1757
1758	1758
1759	1759
1760	1760
1761	1761
1762	1762	HB1647 - 48 - LRB104 08523 RTM 18575 b
1763	1763
1764	1764
1765	1765	HB1647- 49 -LRB104 08523 RTM 18575 b HB1647 - 49 - LRB104 08523 RTM 18575 b
1766	1766	HB1647 - 49 - LRB104 08523 RTM 18575 b
1767	1767	1 eligibility list and appointment from the eligibility
1768	1768	2 list. The local appointing authority may prescribe the
1769	1769	3 total number of preference points awarded under this
1770	1770	4 Section, but the total number of preference points, except
1771	1771	5 item (7.5), shall not be less than 10 points or more than
1772	1772	6 30 points. Apprentice preference points may be added in
1773	1773	7 addition to other preference points awarded by the
1774	1774	8 commission.
1775	1775	9 No person entitled to any preference shall be required to
1776	1776	10 claim the credit before any examination held under the
1777	1777	11 provisions of this Section, but the preference may be given
1778	1778	12 after the posting or publication of the initial eligibility
1779	1779	13 list or register at the request of a person entitled to a
1780	1780	14 credit before any certification or appointments are made from
1781	1781	15 the eligibility register, upon the furnishing of verifiable
1782	1782	16 evidence and proof of qualifying preference credit. Candidates
1783	1783	17 who are eligible for preference credit may make a claim in
1784	1784	18 writing within 10 days after the posting of the initial
1785	1785	19 eligibility list, or the claim may be deemed waived. Final
1786	1786	20 eligibility registers may be established after the awarding of
1787	1787	21 verified preference points. However, apprentice preference
1788	1788	22 credit earned subsequent to the establishment of the final
1789	1789	23 eligibility register may be applied to the applicant's score
1790	1790	24 upon certification by the Joint Apprenticeship Committee to
1791	1791	25 the commission and the rank order of candidates on the final
1792	1792	26 eligibility register shall be adjusted accordingly. All
1793	1793
1794	1794
1795	1795
1796	1796
1797	1797
1798	1798	HB1647 - 49 - LRB104 08523 RTM 18575 b
1799	1799
1800	1800
1801	1801	HB1647- 50 -LRB104 08523 RTM 18575 b HB1647 - 50 - LRB104 08523 RTM 18575 b
1802	1802	HB1647 - 50 - LRB104 08523 RTM 18575 b
1803	1803	1 employment shall be subject to the commission's initial hire
1804	1804	2 background review, including, but not limited to, criminal
1805	1805	3 history, employment history, moral character, oral
1806	1806	4 examination, and medical and psychological examinations, all
1807	1807	5 on a pass-fail basis. The medical and psychological
1808	1808	6 examinations must be conducted last, and may only be performed
1809	1809	7 after a conditional offer of employment has been extended.
1810	1810	8 Any person placed on an eligibility list who exceeds the
1811	1811	9 age requirement before being appointed to a fire department
1812	1812	10 shall remain eligible for appointment until the list is
1813	1813	11 abolished, or his or her name has been on the list for a period
1814	1814	12 of 2 years. No person who has attained the age of 35 years
1815	1815	13 shall be inducted into a fire department, except as otherwise
1816	1816	14 provided in this Section.
1817	1817	15 The commission shall strike off the names of candidates
1818	1818	16 for original appointment after the names have been on the list
1819	1819	17 for more than 2 years.
1820	1820	18 (i) Moral character. No person shall be appointed to a
1821	1821	19 fire department unless he or she is a person of good character;
1822	1822	20 not a habitual drunkard, a gambler, or a person who has been
1823	1823	21 convicted of a felony or a crime involving moral turpitude.
1824	1824	22 However, no person shall be disqualified from appointment to
1825	1825	23 the fire department because of the person's record of
1826	1826	24 misdemeanor convictions except those under Sections 11-6,
1827	1827	25 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1828	1828	26 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1829	1829
1830	1830
1831	1831
1832	1832
1833	1833
1834	1834	HB1647 - 50 - LRB104 08523 RTM 18575 b
1835	1835
1836	1836
1837	1837	HB1647- 51 -LRB104 08523 RTM 18575 b HB1647 - 51 - LRB104 08523 RTM 18575 b
1838	1838	HB1647 - 51 - LRB104 08523 RTM 18575 b
1839	1839	1 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
1840	1840	2 (1), (6), and (8) of subsection (a) of Section 24-1 of the
1841	1841	3 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
1842	1842	4 for any cause without conviction thereon. Any such person who
1843	1843	5 is in the department may be removed on charges brought for
1844	1844	6 violating this subsection and after a trial as hereinafter
1845	1845	7 provided.
1846	1846	8 A classifiable set of the fingerprints of every person who
1847	1847	9 is offered employment as a certificated member of an affected
1848	1848	10 fire department whether with or without compensation, shall be
1849	1849	11 furnished to the Illinois State Police and to the Federal
1850	1850	12 Bureau of Investigation by the commission.
1851	1851	13 Whenever a commission is authorized or required by law to
1852	1852	14 consider some aspect of criminal history record information
1853	1853	15 for the purpose of carrying out its statutory powers and
1854	1854	16 responsibilities, then, upon request and payment of fees in
1855	1855	17 conformance with the requirements of Section 2605-400 of the
1856	1856	18 Illinois State Police Law of the Civil Administrative Code of
1857	1857	19 Illinois, the Illinois State Police is authorized to furnish,
1858	1858	20 pursuant to positive identification, the information contained
1859	1859	21 in State files as is necessary to fulfill the request.
1860	1860	22 (j) Temporary appointments. In order to prevent a stoppage
1861	1861	23 of public business, to meet extraordinary exigencies, or to
1862	1862	24 prevent material impairment of the fire department, the
1863	1863	25 commission may make temporary appointments, to remain in force
1864	1864	26 only until regular appointments are made under the provisions
1865	1865
1866	1866
1867	1867
1868	1868
1869	1869
1870	1870	HB1647 - 51 - LRB104 08523 RTM 18575 b
1871	1871
1872	1872
1873	1873	HB1647- 52 -LRB104 08523 RTM 18575 b HB1647 - 52 - LRB104 08523 RTM 18575 b
1874	1874	HB1647 - 52 - LRB104 08523 RTM 18575 b
1875	1875	1 of this Division, but never to exceed 60 days. No temporary
1876	1876	2 appointment of any one person shall be made more than twice in
1877	1877	3 any calendar year.
1878	1878	4 (k) A person who knowingly divulges or receives test
1879	1879	5 questions or answers before a written examination, or
1880	1880	6 otherwise knowingly violates or subverts any requirement of
1881	1881	7 this Section, commits a violation of this Section and may be
1882	1882	8 subject to charges for official misconduct.
1883	1883	9 A person who is the knowing recipient of test information
1884	1884	10 in advance of the examination shall be disqualified from the
1885	1885	11 examination or discharged from the position to which he or she
1886	1886	12 was appointed, as applicable, and otherwise subjected to
1887	1887	13 disciplinary actions.
1888	1888	14 (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
1889	1889	15 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
1890	1890	16 5-13-22.)
1891	1891	17 (65 ILCS 5/10-2.1-6.4)
1892	1892	18 Sec. 10-2.1-6.4. Alternative procedure; original
1893	1893	19 appointment; full-time firefighter.
1894	1894	20 (a) Authority. The Joint Labor and Management Committee
1895	1895	21 (JLMC), as defined in Section 50 of the Fire Department
1896	1896	22 Promotion Act, may establish a community outreach program to
1897	1897	23 market the profession of firefighter and firefighter-paramedic
1898	1898	24 so as to ensure the pool of applicants recruited is of broad
1899	1899	25 diversity and the highest quality. Nothing in this Section
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904
1905	1905	HB1647 - 52 - LRB104 08523 RTM 18575 b
1906	1906
1907	1907
1908	1908	HB1647- 53 -LRB104 08523 RTM 18575 b HB1647 - 53 - LRB104 08523 RTM 18575 b
1909	1909	HB1647 - 53 - LRB104 08523 RTM 18575 b
1910	1910	1 requires that the Joint Labor and Management Committee
1911	1911	2 establish or operate the community outreach program or master
1912	1912	3 register of eligibles, or to contract with a testing agency to
1913	1913	4 establish or operate such program or register, unless the
1914	1914	5 Joint Labor and Management Committee chooses to do so.
1915	1915	6 For the purposes of this Section, "firefighter" means any
1916	1916	7 person who has been prior to, on, or after the effective date
1917	1917	8 of this amendatory Act of the 97th General Assembly appointed
1918	1918	9 to a fire department or fire protection district, or employed
1919	1919	10 by a State university, unit of local government, or Emergency
1920	1920	11 Medical Services (EMS) System, and sworn or commissioned or
1921	1921	12 employed to perform (i) firefighter duties, (ii) or paramedic,
1922	1922	13 emergency medical technician (EMT), emergency medical
1923	1923	14 technician-basic (EMT-B), emergency medical
1924	1924	15 technician-intermediate (EMT-I), or advanced emergency medical
1925	1925	16 technician (A-EMT) duties, (iii) or both, except that the
1926	1926	17 following persons are not included: part-time firefighters;
1927	1927	18 auxiliary, reserve, or voluntary firefighters, including
1928	1928	19 paid-on-call firefighters; clerks and dispatchers or other
1929	1929	20 civilian employees of a fire department or fire protection
1930	1930	21 district who are not routinely expected to perform firefighter
1931	1931	22 duties; and elected officials.
1932	1932	23 (b) Eligibility. Persons eligible for placement on the
1933	1933	24 master register of eligibles shall consist of the following:
1934	1934	25 Persons who have participated in and received a
1935	1935	26 passing total score on the mental aptitude, physical
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940
1941	1941	HB1647 - 53 - LRB104 08523 RTM 18575 b
1942	1942
1943	1943
1944	1944	HB1647- 54 -LRB104 08523 RTM 18575 b HB1647 - 54 - LRB104 08523 RTM 18575 b
1945	1945	HB1647 - 54 - LRB104 08523 RTM 18575 b
1946	1946	1 ability, and preference components of a regionally
1947	1947	2 administered test based on the standards described in this
1948	1948	3 Section. The standards for administering these tests and
1949	1949	4 the minimum passing score required for placement on this
1950	1950	5 list shall be as is set forth in this Section.
1951	1951	6 Qualified candidates shall be listed on the master
1952	1952	7 register of eligibles in highest to lowest rank order
1953	1953	8 based upon their test scores without regard to their date
1954	1954	9 of examination. Candidates listed on the master register
1955	1955	10 of eligibles shall be eligible for appointment for 2 years
1956	1956	11 after the date of the certification of their final score
1957	1957	12 on the register without regard to the date of their
1958	1958	13 examination. After 2 years, the candidate's name shall be
1959	1959	14 struck from the list.
1960	1960	15 Any person currently employed as a full-time member of
1961	1961	16 a fire department or any person who has experienced a
1962	1962	17 non-voluntary (and non-disciplinary) separation from the
1963	1963	18 active workforce due to a reduction in the number of
1964	1964	19 departmental officers, who was appointed pursuant to
1965	1965	20 Division 1 of Article 10 of the Illinois Municipal Code,
1966	1966	21 Division 2.1 of Article 10 of the Illinois Municipal Code,
1967	1967	22 or the Fire Protection District Act, and who during the
1968	1968	23 previous 24 months participated in and received a passing
1969	1969	24 score on the physical ability and mental aptitude
1970	1970	25 components of the test may request that his or her name be
1971	1971	26 added to the master register. Any eligible person may be
1972	1972
1973	1973
1974	1974
1975	1975
1976	1976
1977	1977	HB1647 - 54 - LRB104 08523 RTM 18575 b
1978	1978
1979	1979
1980	1980	HB1647- 55 -LRB104 08523 RTM 18575 b HB1647 - 55 - LRB104 08523 RTM 18575 b
1981	1981	HB1647 - 55 - LRB104 08523 RTM 18575 b
1982	1982	1 offered employment by a local commission under the same
1983	1983	2 procedures as provided by this Section except that the
1984	1984	3 apprenticeship period may be waived and the applicant may
1985	1985	4 be immediately issued a certificate of original
1986	1986	5 appointment by the local commission.
1987	1987	6 (c) Qualifications for placement on register of eligibles.
1988	1988	7 The purpose for establishing a master register of eligibles
1989	1989	8 shall be to identify applicants who possess and demonstrate
1990	1990	9 the mental aptitude and physical ability to perform the duties
1991	1991	10 required of members of the fire department in order to provide
1992	1992	11 the highest quality of service to the public. To this end, all
1993	1993	12 applicants for original appointment to an affected fire
1994	1994	13 department through examination conducted by the Joint Labor
1995	1995	14 and Management Committee (JLMC) shall be subject to
1996	1996	15 examination and testing which shall be public, competitive,
1997	1997	16 and open to all applicants. Any examination and testing
1998	1998	17 procedure utilized under subsection (e) of this Section shall
1999	1999	18 be supported by appropriate validation evidence and shall
2000	2000	19 comply with all applicable state and federal laws. Any
2001	2001	20 subjective component of the testing must be administered by
2002	2002	21 certified assessors. All qualifying and disqualifying factors
2003	2003	22 applicable to examination processes for local commissions in
2004	2004	23 this amendatory Act of the 97th General Assembly shall be
2005	2005	24 applicable to persons participating in Joint Labor and
2006	2006	25 Management Committee examinations unless specifically provided
2007	2007	26 otherwise in this Section.
2008	2008
2009	2009
2010	2010
2011	2011
2012	2012
2013	2013	HB1647 - 55 - LRB104 08523 RTM 18575 b
2014	2014
2015	2015
2016	2016	HB1647- 56 -LRB104 08523 RTM 18575 b HB1647 - 56 - LRB104 08523 RTM 18575 b
2017	2017	HB1647 - 56 - LRB104 08523 RTM 18575 b
2018	2018	1 Notice of the time, place, general scope, and fee of every
2019	2019	2 JLMC examination shall be given by the JLMC or designated
2020	2020	3 testing agency, as applicable, by a publication at least 30
2021	2021	4 days preceding the examination, in one or more newspapers
2022	2022	5 published in the region, or if no newspaper is published
2023	2023	6 therein, then in one or more newspapers with a general
2024	2024	7 circulation within the region. The JLMC may publish the notice
2025	2025	8 on the JLMC's Internet website. Additional notice of the
2026	2026	9 examination may be given as the JLMC shall prescribe.
2027	2027	10 (d) Examination and testing components for placement on
2028	2028	11 register of eligibles. The examination and qualifying
2029	2029	12 standards for placement on the master register of eligibles
2030	2030	13 and employment shall be based on the following components:
2031	2031	14 mental aptitude, physical ability, preferences, moral
2032	2032	15 character, and health. The mental aptitude, physical ability,
2033	2033	16 and preference components shall determine an applicant's
2034	2034	17 qualification for and placement on the master register of
2035	2035	18 eligibles. The consideration of an applicant's general moral
2036	2036	19 character and health shall be administered on a pass-fail
2037	2037	20 basis after a conditional offer of employment is made by a
2038	2038	21 local commission.
2039	2039	22 (e) Mental aptitude. Examination of an applicant's mental
2040	2040	23 aptitude shall be based upon written examination and an
2041	2041	24 applicant's prior experience demonstrating an aptitude for and
2042	2042	25 commitment to service as a member of a fire department.
2043	2043	26 Written examinations shall be practical in character and
2044	2044
2045	2045
2046	2046
2047	2047
2048	2048
2049	2049	HB1647 - 56 - LRB104 08523 RTM 18575 b
2050	2050
2051	2051
2052	2052	HB1647- 57 -LRB104 08523 RTM 18575 b HB1647 - 57 - LRB104 08523 RTM 18575 b
2053	2053	HB1647 - 57 - LRB104 08523 RTM 18575 b
2054	2054	1 relate to those matters that fairly test the capacity of the
2055	2055	2 persons examined to discharge the duties performed by members
2056	2056	3 of a fire department. Written examinations shall be
2057	2057	4 administered in a manner that ensures the security and
2058	2058	5 accuracy of the scores achieved. Any subjective component of
2059	2059	6 the testing must be administered by certified assessors. No
2060	2060	7 person who does not possess a high school diploma or an
2061	2061	8 equivalent high school education shall be placed on a register
2062	2062	9 of eligibles. Local commissions may establish educational,
2063	2063	10 emergency medical service licensure, and other pre-requisites
2064	2064	11 for hire within their jurisdiction.
2065	2065	12 (f) Physical ability. All candidates shall be required to
2066	2066	13 undergo an examination of their physical ability to perform
2067	2067	14 the essential functions included in the duties they may be
2068	2068	15 called upon to perform as a member of a fire department. For
2069	2069	16 the purposes of this Section, essential functions of the job
2070	2070	17 are functions associated with duties that a firefighter may be
2071	2071	18 called upon to perform in response to emergency calls. The
2072	2072	19 frequency of the occurrence of those duties as part of the fire
2073	2073	20 department's regular routine shall not be a controlling factor
2074	2074	21 in the design of examination criteria or evolutions selected
2075	2075	22 for testing. These physical examinations shall be open,
2076	2076	23 competitive, and based on industry standards designed to test
2077	2077	24 each applicant's physical abilities in each of the following
2078	2078	25 dimensions:
2079	2079	26 (1) Muscular strength to perform tasks and evolutions
2080	2080
2081	2081
2082	2082
2083	2083
2084	2084
2085	2085	HB1647 - 57 - LRB104 08523 RTM 18575 b
2086	2086
2087	2087
2088	2088	HB1647- 58 -LRB104 08523 RTM 18575 b HB1647 - 58 - LRB104 08523 RTM 18575 b
2089	2089	HB1647 - 58 - LRB104 08523 RTM 18575 b
2090	2090	1 that may be required in the performance of duties
2091	2091	2 including grip strength, leg strength, and arm strength.
2092	2092	3 Tests shall be conducted under anaerobic as well as
2093	2093	4 aerobic conditions to test both the candidate's speed and
2094	2094	5 endurance in performing tasks and evolutions. Tasks tested
2095	2095	6 are to be based on industry standards developed by the
2096	2096	7 JLMC by rule.
2097	2097	8 (2) The ability to climb ladders, operate from
2098	2098	9 heights, walk or crawl in the dark along narrow and uneven
2099	2099	10 surfaces, and operate in proximity to hazardous
2100	2100	11 environments.
2101	2101	12 (3) The ability to carry out critical, time-sensitive,
2102	2102	13 and complex problem solving during physical exertion in
2103	2103	14 stressful and hazardous environments. The testing
2104	2104	15 environment may be hot and dark with tightly enclosed
2105	2105	16 spaces, flashing lights, sirens, and other distractions.
2106	2106	17 The tests utilized to measure each applicant's
2107	2107	18 capabilities in each of these dimensions may be tests based on
2108	2108	19 industry standards currently in use or equivalent tests
2109	2109	20 approved by the Joint Labor-Management Committee of the Office
2110	2110	21 of the State Fire Marshal.
2111	2111	22 (g) Scoring of examination components. The examination
2112	2112	23 components shall be graded on a 100-point scale. A person's
2113	2113	24 position on the master register of eligibles shall be
2114	2114	25 determined by the person's score on the written examination,
2115	2115	26 the person successfully passing the physical ability
2116	2116
2117	2117
2118	2118
2119	2119
2120	2120
2121	2121	HB1647 - 58 - LRB104 08523 RTM 18575 b
2122	2122
2123	2123
2124	2124	HB1647- 59 -LRB104 08523 RTM 18575 b HB1647 - 59 - LRB104 08523 RTM 18575 b
2125	2125	HB1647 - 59 - LRB104 08523 RTM 18575 b
2126	2126	1 component, and the addition of any applicable preference
2127	2127	2 points.
2128	2128	3 Applicants who have achieved at least the minimum score as
2129	2129	4 set by the JLMC, and who successfully pass the physical
2130	2130	5 ability examination shall be placed on the initial eligibility
2131	2131	6 register. Minimum scores should be set by the commission so as
2132	2132	7 to demonstrate a candidate's ability to perform the essential
2133	2133	8 functions of the job. The minimum score set by the commission
2134	2134	9 shall be supported by appropriate validation evidence and
2135	2135	10 shall comply with all applicable State and federal laws.
2136	2136	11 Applicable preference points shall be added to the written
2137	2137	12 examination scores for all applicants who qualify for the
2138	2138	13 initial eligibility register. Applicants who score at or above
2139	2139	14 the minimum passing score as set by the JLMC, including any
2140	2140	15 applicable preference points, shall be placed on the master
2141	2141	16 register of eligibles by the JLMC.
2142	2142	17 These persons shall take rank upon the register as
2143	2143	18 candidates in the order of their relative excellence based on
2144	2144	19 the highest to the lowest total points scored on the mental
2145	2145	20 aptitude and physical ability components, plus any applicable
2146	2146	21 preference points requested and verified by the JLMC, or
2147	2147	22 approved testing agency.
2148	2148	23 No more than 60 days after each examination, a revised
2149	2149	24 master register of eligibles shall be posted by the JLMC
2150	2150	25 showing the final grades of the candidates without reference
2151	2151	26 to priority of time of examination.
2152	2152
2153	2153
2154	2154
2155	2155
2156	2156
2157	2157	HB1647 - 59 - LRB104 08523 RTM 18575 b
2158	2158
2159	2159
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2161	2161	HB1647 - 60 - LRB104 08523 RTM 18575 b
2162	2162	1 (h) Preferences. The board shall give military, education,
2163	2163	2 and experience preference points to those who qualify for
2164	2164	3 placement on the master register of eligibles, on the same
2165	2165	4 basis as provided for examinations administered by a local
2166	2166	5 commission.
2167	2167	6 No person entitled to preference or credit shall be
2168	2168	7 required to claim the credit before any examination held under
2169	2169	8 the provisions of this Section. The preference shall be given
2170	2170	9 after the posting or publication of the applicant's initial
2171	2171	10 score at the request of the person before finalizing the
2172	2172	11 scores from all applicants taking part in a JLMC examination.
2173	2173	12 Candidates who are eligible for preference credit shall make a
2174	2174	13 claim in writing within 10 days after the posting of the
2175	2175	14 initial scores from any JLMC test or the claim shall be deemed
2176	2176	15 waived. Once preference points are awarded, the candidates
2177	2177	16 shall be certified to the master register in accordance with
2178	2178	17 their final score including preference points.
2179	2179	18 (i) Firefighter apprentice and firefighter-paramedic
2180	2180	19 apprentice. The employment of an applicant to an apprentice
2181	2181	20 position (including a currently employed full-time member of a
2182	2182	21 fire department whose apprenticeship may be reduced or waived)
2183	2183	22 shall be subject to the applicant passing the moral character
2184	2184	23 standards and health examinations of the local commission. In
2185	2185	24 addition, a local commission may require as a condition of
2186	2186	25 employment that the applicant demonstrate current physical
2187	2187	26 ability by either passing the local commission's approved
2188	2188
2189	2189
2190	2190
2191	2191
2192	2192
2193	2193	HB1647 - 60 - LRB104 08523 RTM 18575 b
2194	2194
2195	2195
2196	2196	HB1647- 61 -LRB104 08523 RTM 18575 b HB1647 - 61 - LRB104 08523 RTM 18575 b
2197	2197	HB1647 - 61 - LRB104 08523 RTM 18575 b
2198	2198	1 physical ability examination, or by presenting proof of
2199	2199	2 participating in and receiving a passing score on the physical
2200	2200	3 ability component of a JLMC test within a period of up to 12
2201	2201	4 months before the date of the conditional offer of employment.
2202	2202	5 Applicants shall be subject to the local commission's initial
2203	2203	6 hire background review including criminal history, employment
2204	2204	7 history, moral character, oral examination, and medical
2205	2205	8 examinations which may include polygraph, psychological, and
2206	2206	9 drug screening components, all on a pass-fail basis. The
2207	2207	10 medical examinations must be conducted last, and may only be
2208	2208	11 performed after a conditional offer of employment has been
2209	2209	12 extended.
2210	2210	13 (j) Selection from list. Any municipality or fire
2211	2211	14 protection district that is a party to an intergovernmental
2212	2212	15 agreement under the terms of which persons have been tested
2213	2213	16 for placement on the master register of eligibles shall be
2214	2214	17 entitled to offer employment to any person on the list
2215	2215	18 irrespective of their ranking on the list. The offer of
2216	2216	19 employment shall be to the position of firefighter apprentice
2217	2217	20 or firefighter-paramedic apprentice.
2218	2218	21 Applicants passing these tests may be employed as a
2219	2219	22 firefighter apprentice or a firefighter-paramedic apprentice
2220	2220	23 who shall serve an apprenticeship period of 12 months or less
2221	2221	24 according to the terms and conditions of employment as the
2222	2222	25 employing municipality or district offers, or as provided for
2223	2223	26 under the terms of any collective bargaining agreement then in
2224	2224
2225	2225
2226	2226
2227	2227
2228	2228
2229	2229	HB1647 - 61 - LRB104 08523 RTM 18575 b
2230	2230
2231	2231
2232	2232	HB1647- 62 -LRB104 08523 RTM 18575 b HB1647 - 62 - LRB104 08523 RTM 18575 b
2233	2233	HB1647 - 62 - LRB104 08523 RTM 18575 b
2234	2234	1 effect. The apprenticeship period is separate from the
2235	2235	2 probationary period.
2236	2236	3 Service during the apprenticeship period shall be on a
2237	2237	4 probationary basis. During the apprenticeship period, the
2238	2238	5 apprentice's training and performance shall be monitored and
2239	2239	6 evaluated by a Joint Apprenticeship Committee.
2240	2240	7 The Joint Apprenticeship Committee shall consist of 4
2241	2241	8 members who shall be regular members of the fire department
2242	2242	9 with at least 10 years of full-time work experience as a
2243	2243	10 firefighter or firefighter-paramedic. The fire chief and the
2244	2244	11 president of the exclusive bargaining representative
2245	2245	12 recognized by the employer shall each appoint 2 members to the
2246	2246	13 Joint Apprenticeship Committee. In the absence of an exclusive
2247	2247	14 collective bargaining representative, the chief shall appoint
2248	2248	15 the remaining 2 members who shall be from the ranks of company
2249	2249	16 officer and firefighter with at least 10 years of work
2250	2250	17 experience as a firefighter or firefighter-paramedic. In the
2251	2251	18 absence of a sufficient number of qualified firefighters, the
2252	2252	19 Joint Apprenticeship Committee members shall have the amount
2253	2253	20 of experience and the type of qualifications as is reasonable
2254	2254	21 given the circumstances of the fire department. In the absence
2255	2255	22 of a full-time member in a rank between chief and the highest
2256	2256	23 rank in a bargaining unit, the Joint Apprenticeship Committee
2257	2257	24 shall be reduced to 2 members, one to be appointed by the chief
2258	2258	25 and one by the union president, if any. If there is no
2259	2259	26 exclusive bargaining representative, the chief shall appoint
2260	2260
2261	2261
2262	2262
2263	2263
2264	2264
2265	2265	HB1647 - 62 - LRB104 08523 RTM 18575 b
2266	2266
2267	2267
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2269	2269	HB1647 - 63 - LRB104 08523 RTM 18575 b
2270	2270
2271	2271
2272	2272
2273	2273
2274	2274
2275	2275	HB1647 - 63 - LRB104 08523 RTM 18575 b