Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0193 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0193 Introduced 1/22/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.365 ILCS 5/10-4-15 new70 ILCS 705/16.06b Amends the Illinois Municipal Code. Provides that a municipality may establish an apprenticeship program through which the municipality's full-time fire department may contract with a fire protection district to have the municipality's apprentices age 18 to 20 perform volunteer apprentice firefighter duties for the fire protection district's volunteer fire department. Requires the contract between the fire department and fire protection district to specify the duties a volunteer apprentice firefighter may perform for the fire protection district, specify the training the volunteer apprentice firefighter must have before working for the fire protection district, and describe whether the volunteer apprentice firefighter will be performing firefighting duties requiring the apprentice to first obtain Basic Operations Firefighter Certification from the Office of the State Fire Marshal. Requires a program established under the provisions to be a mandatory subject of bargaining. Provides that to be admitted to the apprenticeship program an individual must commit to working as a volunteer apprentice firefighter for the fire protection district until age 21 and to working 3 years as a full-time firefighter with the municipality's fire department. Amends the Fire Protection District Act. Provides that no person who is under 21 years of age shall be eligible for employment as a firefighter unless hired as a volunteer apprentice firefighter through an apprenticeship program. LRB104 02963 RTM 12979 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0193 Introduced 1/22/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.365 ILCS 5/10-4-15 new70 ILCS 705/16.06b 65 ILCS 5/10-1-7.1 65 ILCS 5/10-2.1-6.3 65 ILCS 5/10-4-15 new 70 ILCS 705/16.06b Amends the Illinois Municipal Code. Provides that a municipality may establish an apprenticeship program through which the municipality's full-time fire department may contract with a fire protection district to have the municipality's apprentices age 18 to 20 perform volunteer apprentice firefighter duties for the fire protection district's volunteer fire department. Requires the contract between the fire department and fire protection district to specify the duties a volunteer apprentice firefighter may perform for the fire protection district, specify the training the volunteer apprentice firefighter must have before working for the fire protection district, and describe whether the volunteer apprentice firefighter will be performing firefighting duties requiring the apprentice to first obtain Basic Operations Firefighter Certification from the Office of the State Fire Marshal. Requires a program established under the provisions to be a mandatory subject of bargaining. Provides that to be admitted to the apprenticeship program an individual must commit to working as a volunteer apprentice firefighter for the fire protection district until age 21 and to working 3 years as a full-time firefighter with the municipality's fire department. Amends the Fire Protection District Act. Provides that no person who is under 21 years of age shall be eligible for employment as a firefighter unless hired as a volunteer apprentice firefighter through an apprenticeship program. LRB104 02963 RTM 12979 b LRB104 02963 RTM 12979 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0193 Introduced 1/22/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
3	3	65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.365 ILCS 5/10-4-15 new70 ILCS 705/16.06b 65 ILCS 5/10-1-7.1 65 ILCS 5/10-2.1-6.3 65 ILCS 5/10-4-15 new 70 ILCS 705/16.06b
4	4	65 ILCS 5/10-1-7.1
5	5	65 ILCS 5/10-2.1-6.3
6	6	65 ILCS 5/10-4-15 new
7	7	70 ILCS 705/16.06b
8	8	Amends the Illinois Municipal Code. Provides that a municipality may establish an apprenticeship program through which the municipality's full-time fire department may contract with a fire protection district to have the municipality's apprentices age 18 to 20 perform volunteer apprentice firefighter duties for the fire protection district's volunteer fire department. Requires the contract between the fire department and fire protection district to specify the duties a volunteer apprentice firefighter may perform for the fire protection district, specify the training the volunteer apprentice firefighter must have before working for the fire protection district, and describe whether the volunteer apprentice firefighter will be performing firefighting duties requiring the apprentice to first obtain Basic Operations Firefighter Certification from the Office of the State Fire Marshal. Requires a program established under the provisions to be a mandatory subject of bargaining. Provides that to be admitted to the apprenticeship program an individual must commit to working as a volunteer apprentice firefighter for the fire protection district until age 21 and to working 3 years as a full-time firefighter with the municipality's fire department. Amends the Fire Protection District Act. Provides that no person who is under 21 years of age shall be eligible for employment as a firefighter unless hired as a volunteer apprentice firefighter through an apprenticeship program.
9	9	LRB104 02963 RTM 12979 b LRB104 02963 RTM 12979 b
10	10	LRB104 02963 RTM 12979 b
11	11	A BILL FOR
12	12	SB0193LRB104 02963 RTM 12979 b SB0193 LRB104 02963 RTM 12979 b
13	13	SB0193 LRB104 02963 RTM 12979 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 and 10-2.1-6.3 and by adding
19	19	6 Section 10-4-15 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
37	37
38	38
39	39
40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0193 Introduced 1/22/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
41	41	65 ILCS 5/10-1-7.165 ILCS 5/10-2.1-6.365 ILCS 5/10-4-15 new70 ILCS 705/16.06b 65 ILCS 5/10-1-7.1 65 ILCS 5/10-2.1-6.3 65 ILCS 5/10-4-15 new 70 ILCS 705/16.06b
42	42	65 ILCS 5/10-1-7.1
43	43	65 ILCS 5/10-2.1-6.3
44	44	65 ILCS 5/10-4-15 new
45	45	70 ILCS 705/16.06b
46	46	Amends the Illinois Municipal Code. Provides that a municipality may establish an apprenticeship program through which the municipality's full-time fire department may contract with a fire protection district to have the municipality's apprentices age 18 to 20 perform volunteer apprentice firefighter duties for the fire protection district's volunteer fire department. Requires the contract between the fire department and fire protection district to specify the duties a volunteer apprentice firefighter may perform for the fire protection district, specify the training the volunteer apprentice firefighter must have before working for the fire protection district, and describe whether the volunteer apprentice firefighter will be performing firefighting duties requiring the apprentice to first obtain Basic Operations Firefighter Certification from the Office of the State Fire Marshal. Requires a program established under the provisions to be a mandatory subject of bargaining. Provides that to be admitted to the apprenticeship program an individual must commit to working as a volunteer apprentice firefighter for the fire protection district until age 21 and to working 3 years as a full-time firefighter with the municipality's fire department. Amends the Fire Protection District Act. Provides that no person who is under 21 years of age shall be eligible for employment as a firefighter unless hired as a volunteer apprentice firefighter through an apprenticeship program.
47	47	LRB104 02963 RTM 12979 b LRB104 02963 RTM 12979 b
48	48	LRB104 02963 RTM 12979 b
49	49	A BILL FOR
50	50
51	51
52	52
53	53
54	54
55	55	65 ILCS 5/10-1-7.1
56	56	65 ILCS 5/10-2.1-6.3
57	57	65 ILCS 5/10-4-15 new
58	58	70 ILCS 705/16.06b
59	59
60	60
61	61
62	62	LRB104 02963 RTM 12979 b
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72	SB0193 LRB104 02963 RTM 12979 b
73	73
74	74
75	75	SB0193- 2 -LRB104 02963 RTM 12979 b SB0193 - 2 - LRB104 02963 RTM 12979 b
76	76	SB0193 - 2 - LRB104 02963 RTM 12979 b
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
103	103
104	104
105	105
106	106
107	107
108	108	SB0193 - 2 - LRB104 02963 RTM 12979 b
109	109
110	110
111	111	SB0193- 3 -LRB104 02963 RTM 12979 b SB0193 - 3 - LRB104 02963 RTM 12979 b
112	112	SB0193 - 3 - LRB104 02963 RTM 12979 b
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
139	139
140	140
141	141
142	142
143	143
144	144	SB0193 - 3 - LRB104 02963 RTM 12979 b
145	145
146	146
147	147	SB0193- 4 -LRB104 02963 RTM 12979 b SB0193 - 4 - LRB104 02963 RTM 12979 b
148	148	SB0193 - 4 - LRB104 02963 RTM 12979 b
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 and sworn or commissioned to perform firefighter
171	171	23 duties or paramedic duties, or both, except that the following
172	172	24 persons are not included: part-time firefighters; auxiliary,
173	173	25 reserve, or voluntary firefighters, including paid-on-call
174	174	26 firefighters; clerks and dispatchers or other civilian
175	175
176	176
177	177
178	178
179	179
180	180	SB0193 - 4 - LRB104 02963 RTM 12979 b
181	181
182	182
183	183	SB0193- 5 -LRB104 02963 RTM 12979 b SB0193 - 5 - LRB104 02963 RTM 12979 b
184	184	SB0193 - 5 - LRB104 02963 RTM 12979 b
185	185	1 employees of a fire department or fire protection district who
186	186	2 are not routinely expected to perform firefighter duties; and
187	187	3 elected officials.
188	188	4 (c) Qualification for placement on register of eligibles.
189	189	5 The purpose of establishing a register of eligibles is to
190	190	6 identify applicants who possess and demonstrate the mental
191	191	7 aptitude and physical ability to perform the duties required
192	192	8 of members of the fire department in order to provide the
193	193	9 highest quality of service to the public. To this end, all
194	194	10 applicants for original appointment to an affected fire
195	195	11 department shall be subject to examination and testing which
196	196	12 shall be public, competitive, and open to all applicants
197	197	13 unless the municipality shall by ordinance limit applicants to
198	198	14 residents of the municipality, county or counties in which the
199	199	15 municipality is located, State, or nation. Any examination and
200	200	16 testing procedure utilized under subsection (e) of this
201	201	17 Section shall be supported by appropriate validation evidence
202	202	18 and shall comply with all applicable State and federal laws.
203	203	19 Municipalities may establish educational, emergency medical
204	204	20 service licensure, and other prerequisites for participation
205	205	21 in an examination or for hire as a firefighter. Any
206	206	22 municipality may charge a fee to cover the costs of the
207	207	23 application process.
208	208	24 Residency requirements in effect at the time an individual
209	209	25 enters the fire service of a municipality cannot be made more
210	210	26 restrictive for that individual during his or her period of
211	211
212	212
213	213
214	214
215	215
216	216	SB0193 - 5 - LRB104 02963 RTM 12979 b
217	217
218	218
219	219	SB0193- 6 -LRB104 02963 RTM 12979 b SB0193 - 6 - LRB104 02963 RTM 12979 b
220	220	SB0193 - 6 - LRB104 02963 RTM 12979 b
221	221	1 service for that municipality, or be made a condition of
222	222	2 promotion, except for the rank or position of fire chief and
223	223	3 for no more than 2 positions that rank immediately below that
224	224	4 of the chief rank which are appointed positions pursuant to
225	225	5 the Fire Department Promotion Act.
226	226	6 No person who is 35 years of age or older shall be eligible
227	227	7 to take an examination for a position as a firefighter unless
228	228	8 the person has had previous employment status as a firefighter
229	229	9 in the regularly constituted fire department of the
230	230	10 municipality, except as provided in this Section. The age
231	231	11 limitation does not apply to:
232	232	12 (1) any person previously employed as a full-time
233	233	13 firefighter in a regularly constituted fire department of
234	234	14 (i) any municipality or fire protection district located
235	235	15 in Illinois, (ii) a fire protection district whose
236	236	16 obligations were assumed by a municipality under Section
237	237	17 21 of the Fire Protection District Act, or (iii) a
238	238	18 municipality whose obligations were taken over by a fire
239	239	19 protection district,
240	240	20 (2) any person who has served a municipality as a
241	241	21 regularly enrolled volunteer, paid-on-call, or part-time
242	242	22 firefighter, or
243	243	23 (3) any person who turned 35 while serving as a member
244	244	24 of the active or reserve components of any of the branches
245	245	25 of the Armed Forces of the United States or the National
246	246	26 Guard of any state, whose service was characterized as
247	247
248	248
249	249
250	250
251	251
252	252	SB0193 - 6 - LRB104 02963 RTM 12979 b
253	253
254	254
255	255	SB0193- 7 -LRB104 02963 RTM 12979 b SB0193 - 7 - LRB104 02963 RTM 12979 b
256	256	SB0193 - 7 - LRB104 02963 RTM 12979 b
257	257	1 honorable or under honorable, if separated from the
258	258	2 military, and is currently under the age of 40.
259	259	3 No person who is under 21 years of age shall be eligible
260	260	4 for employment as a firefighter unless hired as a volunteer
261	261	5 apprentice firefighter through an apprenticeship program
262	262	6 established under Section 10-4-15.
263	263	7 No applicant shall be examined concerning his or her
264	264	8 political or religious opinions or affiliations. The
265	265	9 examinations shall be conducted by the commissioners of the
266	266	10 municipality or their designees and agents.
267	267	11 No municipality shall require that any firefighter
268	268	12 appointed to the lowest rank serve a probationary employment
269	269	13 period of longer than one year of actual active employment,
270	270	14 which may exclude periods of training, or injury or illness
271	271	15 leaves, including duty related leave, in excess of 30 calendar
272	272	16 days. Notwithstanding anything to the contrary in this
273	273	17 Section, the probationary employment period limitation may be
274	274	18 extended for a firefighter who is required, as a condition of
275	275	19 employment, to be a licensed paramedic, during which time the
276	276	20 sole reason that a firefighter may be discharged without a
277	277	21 hearing is for failing to meet the requirements for paramedic
278	278	22 licensure.
279	279	23 In the event that any applicant who has been found
280	280	24 eligible for appointment and whose name has been placed upon
281	281	25 the final eligibility register provided for in this Division 1
282	282	26 has not been appointed to a firefighter position within one
283	283
284	284
285	285
286	286
287	287
288	288	SB0193 - 7 - LRB104 02963 RTM 12979 b
289	289
290	290
291	291	SB0193- 8 -LRB104 02963 RTM 12979 b SB0193 - 8 - LRB104 02963 RTM 12979 b
292	292	SB0193 - 8 - LRB104 02963 RTM 12979 b
293	293	1 year after the date of his or her physical ability
294	294	2 examination, the commission may cause a second examination to
295	295	3 be made of that applicant's physical ability prior to his or
296	296	4 her appointment. If, after the second examination, the
297	297	5 physical ability of the applicant shall be found to be less
298	298	6 than the minimum standard fixed by the rules of the
299	299	7 commission, the applicant shall not be appointed. The
300	300	8 applicant's name may be retained upon the register of
301	301	9 candidates eligible for appointment and when next reached for
302	302	10 certification and appointment that applicant may be again
303	303	11 examined as provided in this Section, and if the physical
304	304	12 ability of that applicant is found to be less than the minimum
305	305	13 standard fixed by the rules of the commission, the applicant
306	306	14 shall not be appointed, and the name of the applicant shall be
307	307	15 removed from the register.
308	308	16 (d) Notice, examination, and testing components. Notice of
309	309	17 the time, place, general scope, merit criteria for any
310	310	18 subjective component, and fee of every examination shall be
311	311	19 given by the commission, by a publication at least 2 weeks
312	312	20 preceding the examination: (i) in one or more newspapers
313	313	21 published in the municipality, or if no newspaper is published
314	314	22 therein, then in one or more newspapers with a general
315	315	23 circulation within the municipality, or (ii) on the
316	316	24 municipality's Internet website. Additional notice of the
317	317	25 examination may be given as the commission shall prescribe.
318	318	26 The examination and qualifying standards for employment of
319	319
320	320
321	321
322	322
323	323
324	324	SB0193 - 8 - LRB104 02963 RTM 12979 b
325	325
326	326
327	327	SB0193- 9 -LRB104 02963 RTM 12979 b SB0193 - 9 - LRB104 02963 RTM 12979 b
328	328	SB0193 - 9 - LRB104 02963 RTM 12979 b
329	329	1 firefighters shall be based on: mental aptitude, physical
330	330	2 ability, preferences, moral character, and health. The mental
331	331	3 aptitude, physical ability, and preference components shall
332	332	4 determine an applicant's qualification for and placement on
333	333	5 the final register of eligibles. The examination may also
334	334	6 include a subjective component based on merit criteria as
335	335	7 determined by the commission. Scores from the examination must
336	336	8 be made available to the public.
337	337	9 (e) Mental aptitude. No person who does not possess at
338	338	10 least a high school diploma or an equivalent high school
339	339	11 education shall be placed on a register of eligibles.
340	340	12 Examination of an applicant's mental aptitude shall be based
341	341	13 upon a written examination. The examination shall be practical
342	342	14 in character and relate to those matters that fairly test the
343	343	15 capacity of the persons examined to discharge the duties
344	344	16 performed by members of a fire department. Written
345	345	17 examinations shall be administered in a manner that ensures
346	346	18 the security and accuracy of the scores achieved.
347	347	19 (f) Physical ability. All candidates shall be required to
348	348	20 undergo an examination of their physical ability to perform
349	349	21 the essential functions included in the duties they may be
350	350	22 called upon to perform as a member of a fire department. For
351	351	23 the purposes of this Section, essential functions of the job
352	352	24 are functions associated with duties that a firefighter may be
353	353	25 called upon to perform in response to emergency calls. The
354	354	26 frequency of the occurrence of those duties as part of the fire
355	355
356	356
357	357
358	358
359	359
360	360	SB0193 - 9 - LRB104 02963 RTM 12979 b
361	361
362	362
363	363	SB0193- 10 -LRB104 02963 RTM 12979 b SB0193 - 10 - LRB104 02963 RTM 12979 b
364	364	SB0193 - 10 - LRB104 02963 RTM 12979 b
365	365	1 department's regular routine shall not be a controlling factor
366	366	2 in the design of examination criteria or evolutions selected
367	367	3 for testing. These physical examinations shall be open,
368	368	4 competitive, and based on industry standards designed to test
369	369	5 each applicant's physical abilities in the following
370	370	6 dimensions:
371	371	7 (1) Muscular strength to perform tasks and evolutions
372	372	8 that may be required in the performance of duties
373	373	9 including grip strength, leg strength, and arm strength.
374	374	10 Tests shall be conducted under anaerobic as well as
375	375	11 aerobic conditions to test both the candidate's speed and
376	376	12 endurance in performing tasks and evolutions. Tasks tested
377	377	13 may be based on standards developed, or approved, by the
378	378	14 local appointing authority.
379	379	15 (2) The ability to climb ladders, operate from
380	380	16 heights, walk or crawl in the dark along narrow and uneven
381	381	17 surfaces, and operate in proximity to hazardous
382	382	18 environments.
383	383	19 (3) The ability to carry out critical, time-sensitive,
384	384	20 and complex problem solving during physical exertion in
385	385	21 stressful and hazardous environments. The testing
386	386	22 environment may be hot and dark with tightly enclosed
387	387	23 spaces, flashing lights, sirens, and other distractions.
388	388	24 The tests utilized to measure each applicant's
389	389	25 capabilities in each of these dimensions may be tests based on
390	390	26 industry standards currently in use or equivalent tests
391	391
392	392
393	393
394	394
395	395
396	396	SB0193 - 10 - LRB104 02963 RTM 12979 b
397	397
398	398
399	399	SB0193- 11 -LRB104 02963 RTM 12979 b SB0193 - 11 - LRB104 02963 RTM 12979 b
400	400	SB0193 - 11 - LRB104 02963 RTM 12979 b
401	401	1 approved by the Joint Labor-Management Committee of the Office
402	402	2 of the State Fire Marshal.
403	403	3 Physical ability examinations administered under this
404	404	4 Section shall be conducted with a reasonable number of
405	405	5 proctors and monitors, open to the public, and subject to
406	406	6 reasonable regulations of the commission.
407	407	7 (g) Scoring of examination components. Appointing
408	408	8 authorities may create a preliminary eligibility register. A
409	409	9 person shall be placed on the list based upon his or her
410	410	10 passage of the written examination or the passage of the
411	411	11 written examination and the physical ability component.
412	412	12 Passage of the written examination means attaining the minimum
413	413	13 score set by the commission. Minimum scores should be set by
414	414	14 the commission so as to demonstrate a candidate's ability to
415	415	15 perform the essential functions of the job. The minimum score
416	416	16 set by the commission shall be supported by appropriate
417	417	17 validation evidence and shall comply with all applicable State
418	418	18 and federal laws. The appointing authority may conduct the
419	419	19 physical ability component and any subjective components
420	420	20 subsequent to the posting of the preliminary eligibility
421	421	21 register.
422	422	22 The examination components for an initial eligibility
423	423	23 register shall be graded on a 100-point scale. A person's
424	424	24 position on the list shall be determined by the following: (i)
425	425	25 the person's score on the written examination, (ii) the person
426	426	26 successfully passing the physical ability component, and (iii)
427	427
428	428
429	429
430	430
431	431
432	432	SB0193 - 11 - LRB104 02963 RTM 12979 b
433	433
434	434
435	435	SB0193- 12 -LRB104 02963 RTM 12979 b SB0193 - 12 - LRB104 02963 RTM 12979 b
436	436	SB0193 - 12 - LRB104 02963 RTM 12979 b
437	437	1 the person's results on any subjective component as described
438	438	2 in subsection (d).
439	439	3 In order to qualify for placement on the final eligibility
440	440	4 register, an applicant's score on the written examination,
441	441	5 before any applicable preference points or subjective points
442	442	6 are applied, shall be at or above the minimum score set by the
443	443	7 commission. The local appointing authority may prescribe the
444	444	8 score to qualify for placement on the final eligibility
445	445	9 register, but the score shall not be less than the minimum
446	446	10 score set by the commission.
447	447	11 The commission shall prepare and keep a register of
448	448	12 persons whose total score is not less than the minimum score
449	449	13 for passage and who have passed the physical ability
450	450	14 examination. These persons shall take rank upon the register
451	451	15 as candidates in the order of their relative excellence based
452	452	16 on the highest to the lowest total points scored on the mental
453	453	17 aptitude, subjective component, and preference components of
454	454	18 the test administered in accordance with this Section. No more
455	455	19 than 60 days after each examination, an initial eligibility
456	456	20 list shall be posted by the commission. The list shall include
457	457	21 the final grades of the candidates without reference to
458	458	22 priority of the time of examination and subject to claim for
459	459	23 preference credit.
460	460	24 Commissions may conduct additional examinations, including
461	461	25 without limitation a polygraph test, after a final eligibility
462	462	26 register is established and before it expires with the
463	463
464	464
465	465
466	466
467	467
468	468	SB0193 - 12 - LRB104 02963 RTM 12979 b
469	469
470	470
471	471	SB0193- 13 -LRB104 02963 RTM 12979 b SB0193 - 13 - LRB104 02963 RTM 12979 b
472	472	SB0193 - 13 - LRB104 02963 RTM 12979 b
473	473	1 candidates ranked by total score without regard to date of
474	474	2 examination. No more than 60 days after each examination, an
475	475	3 initial eligibility list shall be posted by the commission
476	476	4 showing the final grades of the candidates without reference
477	477	5 to priority of time of examination and subject to claim for
478	478	6 preference credit.
479	479	7 (h) Preferences. The following are preferences:
480	480	8 (1) Veteran preference. Persons who were engaged in
481	481	9 the military service of the United States for a period of
482	482	10 at least one year of active duty and who were honorably
483	483	11 discharged therefrom, or who are now or have been members
484	484	12 on inactive or reserve duty in such military or naval
485	485	13 service, shall be preferred for appointment to and
486	486	14 employment with the fire department of an affected
487	487	15 department.
488	488	16 (2) Fire cadet preference. Persons who have
489	489	17 successfully completed 2 years of study in fire techniques
490	490	18 or cadet training within a cadet program established under
491	491	19 the rules of the Joint Labor and Management Committee
492	492	20 (JLMC), as defined in Section 50 of the Fire Department
493	493	21 Promotion Act, may be preferred for appointment to and
494	494	22 employment with the fire department.
495	495	23 (3) Educational preference. Persons who have
496	496	24 successfully obtained an associate's degree in the field
497	497	25 of fire service or emergency medical services, or a
498	498	26 bachelor's degree from an accredited college or university
499	499
500	500
501	501
502	502
503	503
504	504	SB0193 - 13 - LRB104 02963 RTM 12979 b
505	505
506	506
507	507	SB0193- 14 -LRB104 02963 RTM 12979 b SB0193 - 14 - LRB104 02963 RTM 12979 b
508	508	SB0193 - 14 - LRB104 02963 RTM 12979 b
509	509	1 may be preferred for appointment to and employment with
510	510	2 the fire department.
511	511	3 (4) Paramedic preference. Persons who have obtained a
512	512	4 license as a paramedic may be preferred for appointment to
513	513	5 and employment with the fire department of an affected
514	514	6 department providing emergency medical services.
515	515	7 (5) Experience preference. All persons employed by a
516	516	8 municipality who have been paid-on-call or part-time
517	517	9 certified Firefighter II, certified Firefighter III, State
518	518	10 of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
519	519	11 paramedic, or any combination of those capacities may be
520	520	12 awarded up to a maximum of 5 points. However, the
521	521	13 applicant may not be awarded more than 0.5 points for each
522	522	14 complete year of paid-on-call or part-time service.
523	523	15 Applicants from outside the municipality who were employed
524	524	16 as full-time firefighters or firefighter-paramedics by a
525	525	17 fire protection district or another municipality may be
526	526	18 awarded up to 5 experience preference points. However, the
527	527	19 applicant may not be awarded more than one point for each
528	528	20 complete year of full-time service.
529	529	21 Upon request by the commission, the governing body of
530	530	22 the municipality or in the case of applicants from outside
531	531	23 the municipality the governing body of any fire protection
532	532	24 district or any other municipality shall certify to the
533	533	25 commission, within 10 days after the request, the number
534	534	26 of years of successful paid-on-call, part-time, or
535	535
536	536
537	537
538	538
539	539
540	540	SB0193 - 14 - LRB104 02963 RTM 12979 b
541	541
542	542
543	543	SB0193- 15 -LRB104 02963 RTM 12979 b SB0193 - 15 - LRB104 02963 RTM 12979 b
544	544	SB0193 - 15 - LRB104 02963 RTM 12979 b
545	545	1 full-time service of any person. A candidate may not
546	546	2 receive the full amount of preference points under this
547	547	3 subsection if the amount of points awarded would place the
548	548	4 candidate before a veteran on the eligibility list. If
549	549	5 more than one candidate receiving experience preference
550	550	6 points is prevented from receiving all of their points due
551	551	7 to not being allowed to pass a veteran, the candidates
552	552	8 shall be placed on the list below the veteran in rank order
553	553	9 based on the totals received if all points under this
554	554	10 subsection were to be awarded. Any remaining ties on the
555	555	11 list shall be determined by lot.
556	556	12 (6) Residency preference. Applicants whose principal
557	557	13 residence is located within the fire department's
558	558	14 jurisdiction may be preferred for appointment to and
559	559	15 employment with the fire department.
560	560	16 (7) Additional preferences. Up to 5 additional
561	561	17 preference points may be awarded for unique categories
562	562	18 based on an applicant's experience or background as
563	563	19 identified by the commission.
564	564	20 (7.5) Apprentice preferences. A person who has
565	565	21 performed fire suppression service for a department as a
566	566	22 firefighter apprentice and otherwise meets the
567	567	23 qualifications for original appointment as a firefighter
568	568	24 specified in this Section may be awarded up to 20
569	569	25 preference points. To qualify for preference points, an
570	570	26 applicant shall have completed a minimum of 600 hours of
571	571
572	572
573	573
574	574
575	575
576	576	SB0193 - 15 - LRB104 02963 RTM 12979 b
577	577
578	578
579	579	SB0193- 16 -LRB104 02963 RTM 12979 b SB0193 - 16 - LRB104 02963 RTM 12979 b
580	580	SB0193 - 16 - LRB104 02963 RTM 12979 b
581	581	1 fire suppression work on a regular shift for the affected
582	582	2 fire department over a 12-month period. The fire
583	583	3 suppression work must be in accordance with Section
584	584	4 10-1-14 of this Division and the terms established by a
585	585	5 Joint Apprenticeship Committee included in a collective
586	586	6 bargaining agreement agreed between the employer and its
587	587	7 certified bargaining agent. An eligible applicant must
588	588	8 apply to the Joint Apprenticeship Committee for preference
589	589	9 points under this item. The Joint Apprenticeship Committee
590	590	10 shall evaluate the merit of the applicant's performance,
591	591	11 determine the preference points to be awarded, and certify
592	592	12 the amount of points awarded to the commissioners. The
593	593	13 commissioners may add the certified preference points to
594	594	14 the final grades achieved by the applicant on the other
595	595	15 components of the examination.
596	596	16 (8) Scoring of preferences. The commission shall give
597	597	17 preference for original appointment to persons designated
598	598	18 in item (1) by adding to the final grade that they receive
599	599	19 5 points for the recognized preference achieved. The
600	600	20 commission may give preference for original appointment to
601	601	21 persons designated in item (7.5) by adding to the final
602	602	22 grade the amount of points designated by the Joint
603	603	23 Apprenticeship Committee as defined in item (7.5). The
604	604	24 commission shall determine the number of preference points
605	605	25 for each category, except items (1) and (7.5). The number
606	606	26 of preference points for each category shall range from 0
607	607
608	608
609	609
610	610
611	611
612	612	SB0193 - 16 - LRB104 02963 RTM 12979 b
613	613
614	614
615	615	SB0193- 17 -LRB104 02963 RTM 12979 b SB0193 - 17 - LRB104 02963 RTM 12979 b
616	616	SB0193 - 17 - LRB104 02963 RTM 12979 b
617	617	1 to 5, except item (7.5). In determining the number of
618	618	2 preference points, the commission shall prescribe that if
619	619	3 a candidate earns the maximum number of preference points
620	620	4 in all categories except item (7.5), that number may not
621	621	5 be less than 10 nor more than 30. The commission shall give
622	622	6 preference for original appointment to persons designated
623	623	7 in items (2) through (7) by adding the requisite number of
624	624	8 points to the final grade for each recognized preference
625	625	9 achieved. The numerical result thus attained shall be
626	626	10 applied by the commission in determining the final
627	627	11 eligibility list and appointment from the eligibility
628	628	12 list. The local appointing authority may prescribe the
629	629	13 total number of preference points awarded under this
630	630	14 Section, but the total number of preference points, except
631	631	15 item (7.5), shall not be less than 10 points or more than
632	632	16 30 points. Apprentice preference points may be added in
633	633	17 addition to other preference points awarded by the
634	634	18 commission.
635	635	19 No person entitled to any preference shall be required to
636	636	20 claim the credit before any examination held under the
637	637	21 provisions of this Section, but the preference shall be given
638	638	22 after the posting or publication of the initial eligibility
639	639	23 list or register at the request of a person entitled to a
640	640	24 credit before any certification or appointments are made from
641	641	25 the eligibility register, upon the furnishing of verifiable
642	642	26 evidence and proof of qualifying preference credit. Candidates
643	643
644	644
645	645
646	646
647	647
648	648	SB0193 - 17 - LRB104 02963 RTM 12979 b
649	649
650	650
651	651	SB0193- 18 -LRB104 02963 RTM 12979 b SB0193 - 18 - LRB104 02963 RTM 12979 b
652	652	SB0193 - 18 - LRB104 02963 RTM 12979 b
653	653	1 who are eligible for preference credit shall make a claim in
654	654	2 writing within 10 days after the posting of the initial
655	655	3 eligibility list, or the claim shall be deemed waived. Final
656	656	4 eligibility registers shall be established after the awarding
657	657	5 of verified preference points. However, apprentice preference
658	658	6 credit earned subsequent to the establishment of the final
659	659	7 eligibility register may be applied to the applicant's score
660	660	8 upon certification by the Joint Apprenticeship Committee to
661	661	9 the commission and the rank order of candidates on the final
662	662	10 eligibility register shall be adjusted accordingly. All
663	663	11 employment shall be subject to the commission's initial hire
664	664	12 background review, including, but not limited to, criminal
665	665	13 history, employment history, moral character, oral
666	666	14 examination, and medical and psychological examinations, all
667	667	15 on a pass-fail basis. The medical and psychological
668	668	16 examinations must be conducted last, and may only be performed
669	669	17 after a conditional offer of employment has been extended.
670	670	18 Any person placed on an eligibility list who exceeds the
671	671	19 age requirement before being appointed to a fire department
672	672	20 shall remain eligible for appointment until the list is
673	673	21 abolished, or his or her name has been on the list for a period
674	674	22 of 2 years. No person who has attained the age of 35 years
675	675	23 shall be inducted into a fire department, except as otherwise
676	676	24 provided in this Section.
677	677	25 The commission shall strike off the names of candidates
678	678	26 for original appointment after the names have been on the list
679	679
680	680
681	681
682	682
683	683
684	684	SB0193 - 18 - LRB104 02963 RTM 12979 b
685	685
686	686
687	687	SB0193- 19 -LRB104 02963 RTM 12979 b SB0193 - 19 - LRB104 02963 RTM 12979 b
688	688	SB0193 - 19 - LRB104 02963 RTM 12979 b
689	689	1 for more than 2 years.
690	690	2 (i) Moral character. No person shall be appointed to a
691	691	3 fire department unless he or she is a person of good character;
692	692	4 not a habitual drunkard, a gambler, or a person who has been
693	693	5 convicted of a felony or a crime involving moral turpitude.
694	694	6 However, no person shall be disqualified from appointment to
695	695	7 the fire department because of the person's record of
696	696	8 misdemeanor convictions except those under Sections 11-6,
697	697	9 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
698	698	10 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
699	699	11 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
700	700	12 (1), (6), and (8) of subsection (a) of Section 24-1 of the
701	701	13 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
702	702	14 for any cause without conviction thereon. Any such person who
703	703	15 is in the department may be removed on charges brought for
704	704	16 violating this subsection and after a trial as hereinafter
705	705	17 provided.
706	706	18 A classifiable set of the fingerprints of every person who
707	707	19 is offered employment as a certificated member of an affected
708	708	20 fire department whether with or without compensation, shall be
709	709	21 furnished to the Illinois State Police and to the Federal
710	710	22 Bureau of Investigation by the commission.
711	711	23 Whenever a commission is authorized or required by law to
712	712	24 consider some aspect of criminal history record information
713	713	25 for the purpose of carrying out its statutory powers and
714	714	26 responsibilities, then, upon request and payment of fees in
715	715
716	716
717	717
718	718
719	719
720	720	SB0193 - 19 - LRB104 02963 RTM 12979 b
721	721
722	722
723	723	SB0193- 20 -LRB104 02963 RTM 12979 b SB0193 - 20 - LRB104 02963 RTM 12979 b
724	724	SB0193 - 20 - LRB104 02963 RTM 12979 b
725	725	1 conformance with the requirements of Section 2605-400 of the
726	726	2 Illinois State Police Law of the Civil Administrative Code of
727	727	3 Illinois, the Illinois State Police is authorized to furnish,
728	728	4 pursuant to positive identification, the information contained
729	729	5 in State files as is necessary to fulfill the request.
730	730	6 (j) Temporary appointments. In order to prevent a stoppage
731	731	7 of public business, to meet extraordinary exigencies, or to
732	732	8 prevent material impairment of the fire department, the
733	733	9 commission may make temporary appointments, to remain in force
734	734	10 only until regular appointments are made under the provisions
735	735	11 of this Division, but never to exceed 60 days. No temporary
736	736	12 appointment of any one person shall be made more than twice in
737	737	13 any calendar year.
738	738	14 (k) A person who knowingly divulges or receives test
739	739	15 questions or answers before a written examination, or
740	740	16 otherwise knowingly violates or subverts any requirement of
741	741	17 this Section, commits a violation of this Section and may be
742	742	18 subject to charges for official misconduct.
743	743	19 A person who is the knowing recipient of test information
744	744	20 in advance of the examination shall be disqualified from the
745	745	21 examination or discharged from the position to which he or she
746	746	22 was appointed, as applicable, and otherwise subjected to
747	747	23 disciplinary actions.
748	748	24 (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
749	749	25 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
750	750	26 5-13-22.)
751	751
752	752
753	753
754	754
755	755
756	756	SB0193 - 20 - LRB104 02963 RTM 12979 b
757	757
758	758
759	759	SB0193- 21 -LRB104 02963 RTM 12979 b SB0193 - 21 - LRB104 02963 RTM 12979 b
760	760	SB0193 - 21 - LRB104 02963 RTM 12979 b
761	761	1 (65 ILCS 5/10-2.1-6.3)
762	762	2 Sec. 10-2.1-6.3. Original appointments; full-time fire
763	763	3 department.
764	764	4 (a) Applicability. Unless a commission elects to follow
765	765	5 the provisions of Section 10-2.1-6.4, this Section shall apply
766	766	6 to all original appointments to an affected full-time fire
767	767	7 department. Existing registers of eligibles shall continue to
768	768	8 be valid until their expiration dates, or up to a maximum of 2
769	769	9 years after August 4, 2011 (the effective date of Public Act
770	770	10 97-251).
771	771	11 Notwithstanding any statute, ordinance, rule, or other law
772	772	12 to the contrary, all original appointments to an affected
773	773	13 department to which this Section applies shall be administered
774	774	14 in the manner provided for in this Section. Provisions of the
775	775	15 Illinois Municipal Code, municipal ordinances, and rules
776	776	16 adopted pursuant to such authority and other laws relating to
777	777	17 initial hiring of firefighters in affected departments shall
778	778	18 continue to apply to the extent they are compatible with this
779	779	19 Section, but in the event of a conflict between this Section
780	780	20 and any other law, this Section shall control.
781	781	21 A home rule or non-home rule municipality may not
782	782	22 administer its fire department process for original
783	783	23 appointments in a manner that is less stringent than this
784	784	24 Section. This Section is a limitation under subsection (i) of
785	785	25 Section 6 of Article VII of the Illinois Constitution on the
786	786
787	787
788	788
789	789
790	790
791	791	SB0193 - 21 - LRB104 02963 RTM 12979 b
792	792
793	793
794	794	SB0193- 22 -LRB104 02963 RTM 12979 b SB0193 - 22 - LRB104 02963 RTM 12979 b
795	795	SB0193 - 22 - LRB104 02963 RTM 12979 b
796	796	1 concurrent exercise by home rule units of the powers and
797	797	2 functions exercised by the State.
798	798	3 A municipality that is operating under a court order or
799	799	4 consent decree regarding original appointments to a full-time
800	800	5 fire department before August 4, 2011 (the effective date of
801	801	6 Public Act 97-251) is exempt from the requirements of this
802	802	7 Section for the duration of the court order or consent decree.
803	803	8 Notwithstanding any other provision of this subsection
804	804	9 (a), this Section does not apply to a municipality with more
805	805	10 than 1,000,000 inhabitants.
806	806	11 (b) Original appointments. All original appointments made
807	807	12 to an affected fire department shall be made from a register of
808	808	13 eligibles established in accordance with the processes
809	809	14 established by this Section. Only persons who meet or exceed
810	810	15 the performance standards required by this Section shall be
811	811	16 placed on a register of eligibles for original appointment to
812	812	17 an affected fire department.
813	813	18 Whenever an appointing authority authorizes action to hire
814	814	19 a person to perform the duties of a firefighter or to hire a
815	815	20 firefighter-paramedic to fill a position that is a new
816	816	21 position or vacancy due to resignation, discharge, promotion,
817	817	22 death, the granting of a disability or retirement pension, or
818	818	23 any other cause, the appointing authority shall appoint to
819	819	24 that position the person with the highest ranking on the final
820	820	25 eligibility list. If the appointing authority has reason to
821	821	26 conclude that the highest ranked person fails to meet the
822	822
823	823
824	824
825	825
826	826
827	827	SB0193 - 22 - LRB104 02963 RTM 12979 b
828	828
829	829
830	830	SB0193- 23 -LRB104 02963 RTM 12979 b SB0193 - 23 - LRB104 02963 RTM 12979 b
831	831	SB0193 - 23 - LRB104 02963 RTM 12979 b
832	832	1 minimum standards for the position or if the appointing
833	833	2 authority believes an alternate candidate would better serve
834	834	3 the needs of the department, then the appointing authority has
835	835	4 the right to pass over the highest ranked person and appoint
836	836	5 either: (i) any person who has a ranking in the top 5% of the
837	837	6 register of eligibles or (ii) any person who is among the top 5
838	838	7 highest ranked persons on the list of eligibles if the number
839	839	8 of people who have a ranking in the top 5% of the register of
840	840	9 eligibles is less than 5 people.
841	841	10 Any candidate may pass on an appointment once without
842	842	11 losing his or her position on the register of eligibles. Any
843	843	12 candidate who passes a second time may be removed from the list
844	844	13 by the appointing authority provided that such action shall
845	845	14 not prejudice a person's opportunities to participate in
846	846	15 future examinations, including an examination held during the
847	847	16 time a candidate is already on the municipality's register of
848	848	17 eligibles.
849	849	18 The sole authority to issue certificates of appointment
850	850	19 shall be vested in the board of fire and police commissioners.
851	851	20 All certificates of appointment issued to any officer or
852	852	21 member of an affected department shall be signed by the
853	853	22 chairperson and secretary, respectively, of the board upon
854	854	23 appointment of such officer or member to the affected
855	855	24 department by action of the board. After being selected from
856	856	25 the register of eligibles to fill a vacancy in the affected
857	857	26 department, each appointee shall be presented with his or her
858	858
859	859
860	860
861	861
862	862
863	863	SB0193 - 23 - LRB104 02963 RTM 12979 b
864	864
865	865
866	866	SB0193- 24 -LRB104 02963 RTM 12979 b SB0193 - 24 - LRB104 02963 RTM 12979 b
867	867	SB0193 - 24 - LRB104 02963 RTM 12979 b
868	868	1 certificate of appointment on the day on which he or she is
869	869	2 sworn in as a classified member of the affected department.
870	870	3 Firefighters who were not issued a certificate of appointment
871	871	4 when originally appointed shall be provided with a certificate
872	872	5 within 10 days after making a written request to the
873	873	6 chairperson of the board of fire and police commissioners.
874	874	7 Each person who accepts a certificate of appointment and
875	875	8 successfully completes his or her probationary period shall be
876	876	9 enrolled as a firefighter and as a regular member of the fire
877	877	10 department.
878	878	11 For the purposes of this Section, "firefighter" means any
879	879	12 person who has been prior to, on, or after August 4, 2011 (the
880	880	13 effective date of Public Act 97-251) appointed to a fire
881	881	14 department or fire protection district or employed by a State
882	882	15 university and sworn or commissioned to perform firefighter
883	883	16 duties or paramedic duties, or both, except that the following
884	884	17 persons are not included: part-time firefighters; auxiliary,
885	885	18 reserve, or voluntary firefighters, including paid-on-call
886	886	19 firefighters; clerks and dispatchers or other civilian
887	887	20 employees of a fire department or fire protection district who
888	888	21 are not routinely expected to perform firefighter duties; and
889	889	22 elected officials.
890	890	23 (c) Qualification for placement on register of eligibles.
891	891	24 The purpose of establishing a register of eligibles is to
892	892	25 identify applicants who possess and demonstrate the mental
893	893	26 aptitude and physical ability to perform the duties required
894	894
895	895
896	896
897	897
898	898
899	899	SB0193 - 24 - LRB104 02963 RTM 12979 b
900	900
901	901
902	902	SB0193- 25 -LRB104 02963 RTM 12979 b SB0193 - 25 - LRB104 02963 RTM 12979 b
903	903	SB0193 - 25 - LRB104 02963 RTM 12979 b
904	904	1 of members of the fire department in order to provide the
905	905	2 highest quality of service to the public. To this end, all
906	906	3 applicants for original appointment to an affected fire
907	907	4 department shall be subject to examination and testing which
908	908	5 shall be public, competitive, and open to all applicants
909	909	6 unless the municipality shall by ordinance limit applicants to
910	910	7 residents of the municipality, county or counties in which the
911	911	8 municipality is located, State, or nation. Any examination and
912	912	9 testing procedure utilized under subsection (e) of this
913	913	10 Section shall be supported by appropriate validation evidence
914	914	11 and shall comply with all applicable State and federal laws.
915	915	12 Municipalities may establish educational, emergency medical
916	916	13 service licensure, and other prerequisites for participation
917	917	14 in an examination or for hire as a firefighter. Any
918	918	15 municipality may charge a fee to cover the costs of the
919	919	16 application process.
920	920	17 Residency requirements in effect at the time an individual
921	921	18 enters the fire service of a municipality cannot be made more
922	922	19 restrictive for that individual during his or her period of
923	923	20 service for that municipality, or be made a condition of
924	924	21 promotion, except for the rank or position of fire chief and
925	925	22 for no more than 2 positions that rank immediately below that
926	926	23 of the chief rank which are appointed positions pursuant to
927	927	24 the Fire Department Promotion Act.
928	928	25 No person who is 35 years of age or older shall be eligible
929	929	26 to take an examination for a position as a firefighter unless
930	930
931	931
932	932
933	933
934	934
935	935	SB0193 - 25 - LRB104 02963 RTM 12979 b
936	936
937	937
938	938	SB0193- 26 -LRB104 02963 RTM 12979 b SB0193 - 26 - LRB104 02963 RTM 12979 b
939	939	SB0193 - 26 - LRB104 02963 RTM 12979 b
940	940	1 the person has had previous employment status as a firefighter
941	941	2 in the regularly constituted fire department of the
942	942	3 municipality, except as provided in this Section. The age
943	943	4 limitation does not apply to:
944	944	5 (1) any person previously employed as a full-time
945	945	6 firefighter in a regularly constituted fire department of
946	946	7 (i) any municipality or fire protection district located
947	947	8 in Illinois, (ii) a fire protection district whose
948	948	9 obligations were assumed by a municipality under Section
949	949	10 21 of the Fire Protection District Act, or (iii) a
950	950	11 municipality whose obligations were taken over by a fire
951	951	12 protection district,
952	952	13 (2) any person who has served a municipality as a
953	953	14 regularly enrolled volunteer, paid-on-call, or part-time
954	954	15 firefighter, or
955	955	16 (3) any person who turned 35 while serving as a member
956	956	17 of the active or reserve components of any of the branches
957	957	18 of the Armed Forces of the United States or the National
958	958	19 Guard of any state, whose service was characterized as
959	959	20 honorable or under honorable, if separated from the
960	960	21 military, and is currently under the age of 40.
961	961	22 No person who is under 21 years of age shall be eligible
962	962	23 for employment as a firefighter unless hired as a volunteer
963	963	24 apprentice firefighter through an apprenticeship program
964	964	25 established under Section 10-4-15.
965	965	26 No applicant shall be examined concerning his or her
966	966
967	967
968	968
969	969
970	970
971	971	SB0193 - 26 - LRB104 02963 RTM 12979 b
972	972
973	973
974	974	SB0193- 27 -LRB104 02963 RTM 12979 b SB0193 - 27 - LRB104 02963 RTM 12979 b
975	975	SB0193 - 27 - LRB104 02963 RTM 12979 b
976	976	1 political or religious opinions or affiliations. The
977	977	2 examinations shall be conducted by the commissioners of the
978	978	3 municipality or their designees and agents.
979	979	4 No municipality shall require that any firefighter
980	980	5 appointed to the lowest rank serve a probationary employment
981	981	6 period of longer than one year of actual active employment,
982	982	7 which may exclude periods of training, or injury or illness
983	983	8 leaves, including duty related leave, in excess of 30 calendar
984	984	9 days. Notwithstanding anything to the contrary in this
985	985	10 Section, the probationary employment period limitation may be
986	986	11 extended for a firefighter who is required, as a condition of
987	987	12 employment, to be a licensed paramedic, during which time the
988	988	13 sole reason that a firefighter may be discharged without a
989	989	14 hearing is for failing to meet the requirements for paramedic
990	990	15 licensure.
991	991	16 In the event that any applicant who has been found
992	992	17 eligible for appointment and whose name has been placed upon
993	993	18 the final eligibility register provided for in this Section
994	994	19 has not been appointed to a firefighter position within one
995	995	20 year after the date of his or her physical ability
996	996	21 examination, the commission may cause a second examination to
997	997	22 be made of that applicant's physical ability prior to his or
998	998	23 her appointment. If, after the second examination, the
999	999	24 physical ability of the applicant shall be found to be less
1000	1000	25 than the minimum standard fixed by the rules of the
1001	1001	26 commission, the applicant shall not be appointed. The
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007	SB0193 - 27 - LRB104 02963 RTM 12979 b
1008	1008
1009	1009
1010	1010	SB0193- 28 -LRB104 02963 RTM 12979 b SB0193 - 28 - LRB104 02963 RTM 12979 b
1011	1011	SB0193 - 28 - LRB104 02963 RTM 12979 b
1012	1012	1 applicant's name may be retained upon the register of
1013	1013	2 candidates eligible for appointment and when next reached for
1014	1014	3 certification and appointment that applicant may be again
1015	1015	4 examined as provided in this Section, and if the physical
1016	1016	5 ability of that applicant is found to be less than the minimum
1017	1017	6 standard fixed by the rules of the commission, the applicant
1018	1018	7 shall not be appointed, and the name of the applicant shall be
1019	1019	8 removed from the register.
1020	1020	9 (d) Notice, examination, and testing components. Notice of
1021	1021	10 the time, place, general scope, merit criteria for any
1022	1022	11 subjective component, and fee of every examination shall be
1023	1023	12 given by the commission, by a publication at least 2 weeks
1024	1024	13 preceding the examination: (i) in one or more newspapers
1025	1025	14 published in the municipality, or if no newspaper is published
1026	1026	15 therein, then in one or more newspapers with a general
1027	1027	16 circulation within the municipality, or (ii) on the
1028	1028	17 municipality's Internet website. Additional notice of the
1029	1029	18 examination may be given as the commission shall prescribe.
1030	1030	19 The examination and qualifying standards for employment of
1031	1031	20 firefighters shall be based on: mental aptitude, physical
1032	1032	21 ability, preferences, moral character, and health. The mental
1033	1033	22 aptitude, physical ability, and preference components shall
1034	1034	23 determine an applicant's qualification for and placement on
1035	1035	24 the final register of eligibles. The examination may also
1036	1036	25 include a subjective component based on merit criteria as
1037	1037	26 determined by the commission. Scores from the examination must
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042
1043	1043	SB0193 - 28 - LRB104 02963 RTM 12979 b
1044	1044
1045	1045
1046	1046	SB0193- 29 -LRB104 02963 RTM 12979 b SB0193 - 29 - LRB104 02963 RTM 12979 b
1047	1047	SB0193 - 29 - LRB104 02963 RTM 12979 b
1048	1048	1 be made available to the public.
1049	1049	2 (e) Mental aptitude. No person who does not possess at
1050	1050	3 least a high school diploma or an equivalent high school
1051	1051	4 education shall be placed on a register of eligibles.
1052	1052	5 Examination of an applicant's mental aptitude shall be based
1053	1053	6 upon a written examination. The examination shall be practical
1054	1054	7 in character and relate to those matters that fairly test the
1055	1055	8 capacity of the persons examined to discharge the duties
1056	1056	9 performed by members of a fire department. Written
1057	1057	10 examinations shall be administered in a manner that ensures
1058	1058	11 the security and accuracy of the scores achieved.
1059	1059	12 (f) Physical ability. All candidates shall be required to
1060	1060	13 undergo an examination of their physical ability to perform
1061	1061	14 the essential functions included in the duties they may be
1062	1062	15 called upon to perform as a member of a fire department. For
1063	1063	16 the purposes of this Section, essential functions of the job
1064	1064	17 are functions associated with duties that a firefighter may be
1065	1065	18 called upon to perform in response to emergency calls. The
1066	1066	19 frequency of the occurrence of those duties as part of the fire
1067	1067	20 department's regular routine shall not be a controlling factor
1068	1068	21 in the design of examination criteria or evolutions selected
1069	1069	22 for testing. These physical examinations shall be open,
1070	1070	23 competitive, and based on industry standards designed to test
1071	1071	24 each applicant's physical abilities in the following
1072	1072	25 dimensions:
1073	1073	26 (1) Muscular strength to perform tasks and evolutions
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079	SB0193 - 29 - LRB104 02963 RTM 12979 b
1080	1080
1081	1081
1082	1082	SB0193- 30 -LRB104 02963 RTM 12979 b SB0193 - 30 - LRB104 02963 RTM 12979 b
1083	1083	SB0193 - 30 - LRB104 02963 RTM 12979 b
1084	1084	1 that may be required in the performance of duties
1085	1085	2 including grip strength, leg strength, and arm strength.
1086	1086	3 Tests shall be conducted under anaerobic as well as
1087	1087	4 aerobic conditions to test both the candidate's speed and
1088	1088	5 endurance in performing tasks and evolutions. Tasks tested
1089	1089	6 may be based on standards developed, or approved, by the
1090	1090	7 local appointing authority.
1091	1091	8 (2) The ability to climb ladders, operate from
1092	1092	9 heights, walk or crawl in the dark along narrow and uneven
1093	1093	10 surfaces, and operate in proximity to hazardous
1094	1094	11 environments.
1095	1095	12 (3) The ability to carry out critical, time-sensitive,
1096	1096	13 and complex problem solving during physical exertion in
1097	1097	14 stressful and hazardous environments. The testing
1098	1098	15 environment may be hot and dark with tightly enclosed
1099	1099	16 spaces, flashing lights, sirens, and other distractions.
1100	1100	17 The tests utilized to measure each applicant's
1101	1101	18 capabilities in each of these dimensions may be tests based on
1102	1102	19 industry standards currently in use or equivalent tests
1103	1103	20 approved by the Joint Labor-Management Committee of the Office
1104	1104	21 of the State Fire Marshal.
1105	1105	22 Physical ability examinations administered under this
1106	1106	23 Section shall be conducted with a reasonable number of
1107	1107	24 proctors and monitors, open to the public, and subject to
1108	1108	25 reasonable regulations of the commission.
1109	1109	26 (g) Scoring of examination components. Appointing
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114
1115	1115	SB0193 - 30 - LRB104 02963 RTM 12979 b
1116	1116
1117	1117
1118	1118	SB0193- 31 -LRB104 02963 RTM 12979 b SB0193 - 31 - LRB104 02963 RTM 12979 b
1119	1119	SB0193 - 31 - LRB104 02963 RTM 12979 b
1120	1120	1 authorities may create a preliminary eligibility register. A
1121	1121	2 person shall be placed on the list based upon his or her
1122	1122	3 passage of the written examination or the passage of the
1123	1123	4 written examination and the physical ability component.
1124	1124	5 Passage of the written examination means attaining the minimum
1125	1125	6 score set by the commission. Minimum scores should be set by
1126	1126	7 the commission so as to demonstrate a candidate's ability to
1127	1127	8 perform the essential functions of the job. The minimum score
1128	1128	9 set by the commission shall be supported by appropriate
1129	1129	10 validation evidence and shall comply with all applicable State
1130	1130	11 and federal laws. The appointing authority may conduct the
1131	1131	12 physical ability component and any subjective components
1132	1132	13 subsequent to the posting of the preliminary eligibility
1133	1133	14 register.
1134	1134	15 The examination components for an initial eligibility
1135	1135	16 register shall be graded on a 100-point scale. A person's
1136	1136	17 position on the list shall be determined by the following: (i)
1137	1137	18 the person's score on the written examination, (ii) the person
1138	1138	19 successfully passing the physical ability component, and (iii)
1139	1139	20 the person's results on any subjective component as described
1140	1140	21 in subsection (d).
1141	1141	22 In order to qualify for placement on the final eligibility
1142	1142	23 register, an applicant's score on the written examination,
1143	1143	24 before any applicable preference points or subjective points
1144	1144	25 are applied, shall be at or above the minimum score as set by
1145	1145	26 the commission. The local appointing authority may prescribe
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151	SB0193 - 31 - LRB104 02963 RTM 12979 b
1152	1152
1153	1153
1154	1154	SB0193- 32 -LRB104 02963 RTM 12979 b SB0193 - 32 - LRB104 02963 RTM 12979 b
1155	1155	SB0193 - 32 - LRB104 02963 RTM 12979 b
1156	1156	1 the score to qualify for placement on the final eligibility
1157	1157	2 register, but the score shall not be less than the minimum
1158	1158	3 score set by the commission.
1159	1159	4 The commission shall prepare and keep a register of
1160	1160	5 persons whose total score is not less than the minimum score
1161	1161	6 for passage and who have passed the physical ability
1162	1162	7 examination. These persons shall take rank upon the register
1163	1163	8 as candidates in the order of their relative excellence based
1164	1164	9 on the highest to the lowest total points scored on the mental
1165	1165	10 aptitude, subjective component, and preference components of
1166	1166	11 the test administered in accordance with this Section. No more
1167	1167	12 than 60 days after each examination, an initial eligibility
1168	1168	13 list shall be posted by the commission. The list shall include
1169	1169	14 the final grades of the candidates without reference to
1170	1170	15 priority of the time of examination and subject to claim for
1171	1171	16 preference credit.
1172	1172	17 Commissions may conduct additional examinations, including
1173	1173	18 without limitation a polygraph test, after a final eligibility
1174	1174	19 register is established and before it expires with the
1175	1175	20 candidates ranked by total score without regard to date of
1176	1176	21 examination. No more than 60 days after each examination, an
1177	1177	22 initial eligibility list shall be posted by the commission
1178	1178	23 showing the final grades of the candidates without reference
1179	1179	24 to priority of time of examination and subject to claim for
1180	1180	25 preference credit.
1181	1181	26 (h) Preferences. The following are preferences:
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186
1187	1187	SB0193 - 32 - LRB104 02963 RTM 12979 b
1188	1188
1189	1189
1190	1190	SB0193- 33 -LRB104 02963 RTM 12979 b SB0193 - 33 - LRB104 02963 RTM 12979 b
1191	1191	SB0193 - 33 - LRB104 02963 RTM 12979 b
1192	1192	1 (1) Veteran preference. Persons who were engaged in
1193	1193	2 the military service of the United States for a period of
1194	1194	3 at least one year of active duty and who were honorably
1195	1195	4 discharged therefrom, or who are now or have been members
1196	1196	5 on inactive or reserve duty in such military or naval
1197	1197	6 service, shall be preferred for appointment to and
1198	1198	7 employment with the fire department of an affected
1199	1199	8 department.
1200	1200	9 (2) Fire cadet preference. Persons who have
1201	1201	10 successfully completed 2 years of study in fire techniques
1202	1202	11 or cadet training within a cadet program established under
1203	1203	12 the rules of the Joint Labor and Management Committee
1204	1204	13 (JLMC), as defined in Section 50 of the Fire Department
1205	1205	14 Promotion Act, may be preferred for appointment to and
1206	1206	15 employment with the fire department.
1207	1207	16 (3) Educational preference. Persons who have
1208	1208	17 successfully obtained an associate's degree in the field
1209	1209	18 of fire service or emergency medical services, or a
1210	1210	19 bachelor's degree from an accredited college or university
1211	1211	20 may be preferred for appointment to and employment with
1212	1212	21 the fire department.
1213	1213	22 (4) Paramedic preference. Persons who have obtained a
1214	1214	23 license as a paramedic shall be preferred for appointment
1215	1215	24 to and employment with the fire department of an affected
1216	1216	25 department providing emergency medical services.
1217	1217	26 (5) Experience preference. All persons employed by a
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222
1223	1223	SB0193 - 33 - LRB104 02963 RTM 12979 b
1224	1224
1225	1225
1226	1226	SB0193- 34 -LRB104 02963 RTM 12979 b SB0193 - 34 - LRB104 02963 RTM 12979 b
1227	1227	SB0193 - 34 - LRB104 02963 RTM 12979 b
1228	1228	1 municipality who have been paid-on-call or part-time
1229	1229	2 certified Firefighter II, State of Illinois or nationally
1230	1230	3 licensed EMT, EMT-I, A-EMT, or any combination of those
1231	1231	4 capacities shall be awarded 0.5 point for each year of
1232	1232	5 successful service in one or more of those capacities, up
1233	1233	6 to a maximum of 5 points. Certified Firefighter III and
1234	1234	7 State of Illinois or nationally licensed paramedics shall
1235	1235	8 be awarded one point per year up to a maximum of 5 points.
1236	1236	9 Applicants from outside the municipality who were employed
1237	1237	10 as full-time firefighters or firefighter-paramedics by a
1238	1238	11 fire protection district or another municipality for at
1239	1239	12 least 2 years shall be awarded 5 experience preference
1240	1240	13 points. These additional points presuppose a rating scale
1241	1241	14 totaling 100 points available for the eligibility list. If
1242	1242	15 more or fewer points are used in the rating scale for the
1243	1243	16 eligibility list, the points awarded under this subsection
1244	1244	17 shall be increased or decreased by a factor equal to the
1245	1245	18 total possible points available for the examination
1246	1246	19 divided by 100.
1247	1247	20 Upon request by the commission, the governing body of
1248	1248	21 the municipality or in the case of applicants from outside
1249	1249	22 the municipality the governing body of any fire protection
1250	1250	23 district or any other municipality shall certify to the
1251	1251	24 commission, within 10 days after the request, the number
1252	1252	25 of years of successful paid-on-call, part-time, or
1253	1253	26 full-time service of any person. A candidate may not
1254	1254
1255	1255
1256	1256
1257	1257
1258	1258
1259	1259	SB0193 - 34 - LRB104 02963 RTM 12979 b
1260	1260
1261	1261
1262	1262	SB0193- 35 -LRB104 02963 RTM 12979 b SB0193 - 35 - LRB104 02963 RTM 12979 b
1263	1263	SB0193 - 35 - LRB104 02963 RTM 12979 b
1264	1264	1 receive the full amount of preference points under this
1265	1265	2 subsection if the amount of points awarded would place the
1266	1266	3 candidate before a veteran on the eligibility list. If
1267	1267	4 more than one candidate receiving experience preference
1268	1268	5 points is prevented from receiving all of their points due
1269	1269	6 to not being allowed to pass a veteran, the candidates
1270	1270	7 shall be placed on the list below the veteran in rank order
1271	1271	8 based on the totals received if all points under this
1272	1272	9 subsection were to be awarded. Any remaining ties on the
1273	1273	10 list shall be determined by lot.
1274	1274	11 (6) Residency preference. Applicants whose principal
1275	1275	12 residence is located within the fire department's
1276	1276	13 jurisdiction shall be preferred for appointment to and
1277	1277	14 employment with the fire department.
1278	1278	15 (7) Additional preferences. Up to 5 additional
1279	1279	16 preference points may be awarded for unique categories
1280	1280	17 based on an applicant's experience or background as
1281	1281	18 identified by the commission.
1282	1282	19 (7.5) Apprentice preferences. A person who has
1283	1283	20 performed fire suppression service for a department as a
1284	1284	21 firefighter apprentice and otherwise meets the
1285	1285	22 qualifications for original appointment as a firefighter
1286	1286	23 specified in this Section is eligible to be awarded up to
1287	1287	24 20 preference points. To qualify for preference points, an
1288	1288	25 applicant shall have completed a minimum of 600 hours of
1289	1289	26 fire suppression work on a regular shift for the affected
1290	1290
1291	1291
1292	1292
1293	1293
1294	1294
1295	1295	SB0193 - 35 - LRB104 02963 RTM 12979 b
1296	1296
1297	1297
1298	1298	SB0193- 36 -LRB104 02963 RTM 12979 b SB0193 - 36 - LRB104 02963 RTM 12979 b
1299	1299	SB0193 - 36 - LRB104 02963 RTM 12979 b
1300	1300	1 fire department over a 12-month period. The fire
1301	1301	2 suppression work must be in accordance with Section
1302	1302	3 10-2.1-4 of this Division and the terms established by a
1303	1303	4 Joint Apprenticeship Committee included in a collective
1304	1304	5 bargaining agreement agreed between the employer and its
1305	1305	6 certified bargaining agent. An eligible applicant must
1306	1306	7 apply to the Joint Apprenticeship Committee for preference
1307	1307	8 points under this item. The Joint Apprenticeship Committee
1308	1308	9 shall evaluate the merit of the applicant's performance,
1309	1309	10 determine the preference points to be awarded, and certify
1310	1310	11 the amount of points awarded to the commissioners. The
1311	1311	12 commissioners may add the certified preference points to
1312	1312	13 the final grades achieved by the applicant on the other
1313	1313	14 components of the examination.
1314	1314	15 (8) Scoring of preferences. The commission may give
1315	1315	16 preference for original appointment to persons designated
1316	1316	17 in item (1) by adding to the final grade that they receive
1317	1317	18 5 points for the recognized preference achieved. The
1318	1318	19 commission may give preference for original appointment to
1319	1319	20 persons designated in item (7.5) by adding to the final
1320	1320	21 grade the amount of points designated by the Joint
1321	1321	22 Apprenticeship Committee as defined in item (7.5). The
1322	1322	23 commission shall determine the number of preference points
1323	1323	24 for each category, except items (1) and (7.5). The number
1324	1324	25 of preference points for each category shall range from 0
1325	1325	26 to 5, except item (7.5). In determining the number of
1326	1326
1327	1327
1328	1328
1329	1329
1330	1330
1331	1331	SB0193 - 36 - LRB104 02963 RTM 12979 b
1332	1332
1333	1333
1334	1334	SB0193- 37 -LRB104 02963 RTM 12979 b SB0193 - 37 - LRB104 02963 RTM 12979 b
1335	1335	SB0193 - 37 - LRB104 02963 RTM 12979 b
1336	1336	1 preference points, the commission shall prescribe that if
1337	1337	2 a candidate earns the maximum number of preference points
1338	1338	3 in all categories except item (7.5), that number may not
1339	1339	4 be less than 10 nor more than 30. The commission shall give
1340	1340	5 preference for original appointment to persons designated
1341	1341	6 in items (2) through (7) by adding the requisite number of
1342	1342	7 points to the final grade for each recognized preference
1343	1343	8 achieved. The numerical result thus attained shall be
1344	1344	9 applied by the commission in determining the final
1345	1345	10 eligibility list and appointment from the eligibility
1346	1346	11 list. The local appointing authority may prescribe the
1347	1347	12 total number of preference points awarded under this
1348	1348	13 Section, but the total number of preference points, except
1349	1349	14 item (7.5), shall not be less than 10 points or more than
1350	1350	15 30 points. Apprentice preference points may be added in
1351	1351	16 addition to other preference points awarded by the
1352	1352	17 commission.
1353	1353	18 No person entitled to any preference shall be required to
1354	1354	19 claim the credit before any examination held under the
1355	1355	20 provisions of this Section, but the preference may be given
1356	1356	21 after the posting or publication of the initial eligibility
1357	1357	22 list or register at the request of a person entitled to a
1358	1358	23 credit before any certification or appointments are made from
1359	1359	24 the eligibility register, upon the furnishing of verifiable
1360	1360	25 evidence and proof of qualifying preference credit. Candidates
1361	1361	26 who are eligible for preference credit may make a claim in
1362	1362
1363	1363
1364	1364
1365	1365
1366	1366
1367	1367	SB0193 - 37 - LRB104 02963 RTM 12979 b
1368	1368
1369	1369
1370	1370	SB0193- 38 -LRB104 02963 RTM 12979 b SB0193 - 38 - LRB104 02963 RTM 12979 b
1371	1371	SB0193 - 38 - LRB104 02963 RTM 12979 b
1372	1372	1 writing within 10 days after the posting of the initial
1373	1373	2 eligibility list, or the claim may be deemed waived. Final
1374	1374	3 eligibility registers may be established after the awarding of
1375	1375	4 verified preference points. However, apprentice preference
1376	1376	5 credit earned subsequent to the establishment of the final
1377	1377	6 eligibility register may be applied to the applicant's score
1378	1378	7 upon certification by the Joint Apprenticeship Committee to
1379	1379	8 the commission and the rank order of candidates on the final
1380	1380	9 eligibility register shall be adjusted accordingly. All
1381	1381	10 employment shall be subject to the commission's initial hire
1382	1382	11 background review, including, but not limited to, criminal
1383	1383	12 history, employment history, moral character, oral
1384	1384	13 examination, and medical and psychological examinations, all
1385	1385	14 on a pass-fail basis. The medical and psychological
1386	1386	15 examinations must be conducted last, and may only be performed
1387	1387	16 after a conditional offer of employment has been extended.
1388	1388	17 Any person placed on an eligibility list who exceeds the
1389	1389	18 age requirement before being appointed to a fire department
1390	1390	19 shall remain eligible for appointment until the list is
1391	1391	20 abolished, or his or her name has been on the list for a period
1392	1392	21 of 2 years. No person who has attained the age of 35 years
1393	1393	22 shall be inducted into a fire department, except as otherwise
1394	1394	23 provided in this Section.
1395	1395	24 The commission shall strike off the names of candidates
1396	1396	25 for original appointment after the names have been on the list
1397	1397	26 for more than 2 years.
1398	1398
1399	1399
1400	1400
1401	1401
1402	1402
1403	1403	SB0193 - 38 - LRB104 02963 RTM 12979 b
1404	1404
1405	1405
1406	1406	SB0193- 39 -LRB104 02963 RTM 12979 b SB0193 - 39 - LRB104 02963 RTM 12979 b
1407	1407	SB0193 - 39 - LRB104 02963 RTM 12979 b
1408	1408	1 (i) Moral character. No person shall be appointed to a
1409	1409	2 fire department unless he or she is a person of good character;
1410	1410	3 not a habitual drunkard, a gambler, or a person who has been
1411	1411	4 convicted of a felony or a crime involving moral turpitude.
1412	1412	5 However, no person shall be disqualified from appointment to
1413	1413	6 the fire department because of the person's record of
1414	1414	7 misdemeanor convictions except those under Sections 11-6,
1415	1415	8 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1416	1416	9 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1417	1417	10 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
1418	1418	11 (1), (6), and (8) of subsection (a) of Section 24-1 of the
1419	1419	12 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
1420	1420	13 for any cause without conviction thereon. Any such person who
1421	1421	14 is in the department may be removed on charges brought for
1422	1422	15 violating this subsection and after a trial as hereinafter
1423	1423	16 provided.
1424	1424	17 A classifiable set of the fingerprints of every person who
1425	1425	18 is offered employment as a certificated member of an affected
1426	1426	19 fire department whether with or without compensation, shall be
1427	1427	20 furnished to the Illinois State Police and to the Federal
1428	1428	21 Bureau of Investigation by the commission.
1429	1429	22 Whenever a commission is authorized or required by law to
1430	1430	23 consider some aspect of criminal history record information
1431	1431	24 for the purpose of carrying out its statutory powers and
1432	1432	25 responsibilities, then, upon request and payment of fees in
1433	1433	26 conformance with the requirements of Section 2605-400 of the
1434	1434
1435	1435
1436	1436
1437	1437
1438	1438
1439	1439	SB0193 - 39 - LRB104 02963 RTM 12979 b
1440	1440
1441	1441
1442	1442	SB0193- 40 -LRB104 02963 RTM 12979 b SB0193 - 40 - LRB104 02963 RTM 12979 b
1443	1443	SB0193 - 40 - LRB104 02963 RTM 12979 b
1444	1444	1 Illinois State Police Law of the Civil Administrative Code of
1445	1445	2 Illinois, the Illinois State Police is authorized to furnish,
1446	1446	3 pursuant to positive identification, the information contained
1447	1447	4 in State files as is necessary to fulfill the request.
1448	1448	5 (j) Temporary appointments. In order to prevent a stoppage
1449	1449	6 of public business, to meet extraordinary exigencies, or to
1450	1450	7 prevent material impairment of the fire department, the
1451	1451	8 commission may make temporary appointments, to remain in force
1452	1452	9 only until regular appointments are made under the provisions
1453	1453	10 of this Division, but never to exceed 60 days. No temporary
1454	1454	11 appointment of any one person shall be made more than twice in
1455	1455	12 any calendar year.
1456	1456	13 (k) A person who knowingly divulges or receives test
1457	1457	14 questions or answers before a written examination, or
1458	1458	15 otherwise knowingly violates or subverts any requirement of
1459	1459	16 this Section, commits a violation of this Section and may be
1460	1460	17 subject to charges for official misconduct.
1461	1461	18 A person who is the knowing recipient of test information
1462	1462	19 in advance of the examination shall be disqualified from the
1463	1463	20 examination or discharged from the position to which he or she
1464	1464	21 was appointed, as applicable, and otherwise subjected to
1465	1465	22 disciplinary actions.
1466	1466	23 (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
1467	1467	24 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff.
1468	1468	25 5-13-22.)
1469	1469
1470	1470
1471	1471
1472	1472
1473	1473
1474	1474	SB0193 - 40 - LRB104 02963 RTM 12979 b
1475	1475
1476	1476
1477	1477	SB0193- 41 -LRB104 02963 RTM 12979 b SB0193 - 41 - LRB104 02963 RTM 12979 b
1478	1478	SB0193 - 41 - LRB104 02963 RTM 12979 b
1479	1479	1 (65 ILCS 5/10-4-15 new)
1480	1480	2 Sec. 10-4-15. Fire department apprenticeship program.
1481	1481	3 (a) The corporate authorities of a municipality may
1482	1482	4 establish an apprenticeship program through which the
1483	1483	5 municipality's full-time fire department may contract with a
1484	1484	6 fire protection district to have the municipality's
1485	1485	7 apprentices age 18 to 20 perform volunteer apprentice
1486	1486	8 firefighter duties for the fire protection district's
1487	1487	9 volunteer fire department. The contract between the fire
1488	1488	10 department and fire protection district shall specify the
1489	1489	11 duties a volunteer apprentice firefighter may perform for the
1490	1490	12 fire protection district, shall specify the training the
1491	1491	13 volunteer apprentice firefighter must have before working for
1492	1492	14 the fire protection district, and shall describe whether the
1493	1493	15 volunteer apprentice firefighter will be performing
1494	1494	16 firefighting duties requiring the apprentice to first obtain
1495	1495	17 Basic Operations Firefighter Certification from the Office of
1496	1496	18 the State Fire Marshal. The establishment of an apprenticeship
1497	1497	19 program under this Section and the terms and conditions of an
1498	1498	20 apprenticeship program are conditions of employment for the
1499	1499	21 purposes of collective bargaining and shall be mandatory
1500	1500	22 subjects of bargaining.
1501	1501	23 (b) To be admitted to the apprenticeship program, an
1502	1502	24 individual must commit to working as a volunteer apprentice
1503	1503	25 firefighter for the fire protection district until age 21 and
1504	1504	26 to working 3 years as a full-time firefighter with the
1505	1505
1506	1506
1507	1507
1508	1508
1509	1509
1510	1510	SB0193 - 41 - LRB104 02963 RTM 12979 b
1511	1511
1512	1512
1513	1513	SB0193- 42 -LRB104 02963 RTM 12979 b SB0193 - 42 - LRB104 02963 RTM 12979 b
1514	1514	SB0193 - 42 - LRB104 02963 RTM 12979 b
1515	1515	1 municipality's fire department.
1516	1516	2 Section 10. The Fire Protection District Act is amended by
1517	1517	3 changing Section 16.06b as follows:
1518	1518	4 (70 ILCS 705/16.06b)
1519	1519	5 Sec. 16.06b. Original appointments; full-time fire
1520	1520	6 department.
1521	1521	7 (a) Applicability. Unless a commission elects to follow
1522	1522	8 the provisions of Section 16.06c, this Section shall apply to
1523	1523	9 all original appointments to an affected full-time fire
1524	1524	10 department. Existing registers of eligibles shall continue to
1525	1525	11 be valid until their expiration dates, or up to a maximum of 2
1526	1526	12 years after August 4, 2011 (the effective date of Public Act
1527	1527	13 97-251).
1528	1528	14 Notwithstanding any statute, ordinance, rule, or other law
1529	1529	15 to the contrary, all original appointments to an affected
1530	1530	16 department to which this Section applies shall be administered
1531	1531	17 in a no less stringent manner than the manner provided for in
1532	1532	18 this Section. Provisions of the Illinois Municipal Code, Fire
1533	1533	19 Protection District Act, fire district ordinances, and rules
1534	1534	20 adopted pursuant to such authority and other laws relating to
1535	1535	21 initial hiring of firefighters in affected departments shall
1536	1536	22 continue to apply to the extent they are compatible with this
1537	1537	23 Section, but in the event of a conflict between this Section
1538	1538	24 and any other law, this Section shall control.
1539	1539
1540	1540
1541	1541
1542	1542
1543	1543
1544	1544	SB0193 - 42 - LRB104 02963 RTM 12979 b
1545	1545
1546	1546
1547	1547	SB0193- 43 -LRB104 02963 RTM 12979 b SB0193 - 43 - LRB104 02963 RTM 12979 b
1548	1548	SB0193 - 43 - LRB104 02963 RTM 12979 b
1549	1549	1 A fire protection district that is operating under a court
1550	1550	2 order or consent decree regarding original appointments to a
1551	1551	3 full-time fire department before August 4, 2011 (the effective
1552	1552	4 date of Public Act 97-251) is exempt from the requirements of
1553	1553	5 this Section for the duration of the court order or consent
1554	1554	6 decree.
1555	1555	7 (b) Original appointments. All original appointments made
1556	1556	8 to an affected fire department shall be made from a register of
1557	1557	9 eligibles established in accordance with the processes
1558	1558	10 required by this Section. Only persons who meet or exceed the
1559	1559	11 performance standards required by the Section shall be placed
1560	1560	12 on a register of eligibles for original appointment to an
1561	1561	13 affected fire department.
1562	1562	14 Whenever an appointing authority authorizes action to hire
1563	1563	15 a person to perform the duties of a firefighter or to hire a
1564	1564	16 firefighter-paramedic to fill a position that is a new
1565	1565	17 position or vacancy due to resignation, discharge, promotion,
1566	1566	18 death, the granting of a disability or retirement pension, or
1567	1567	19 any other cause, the appointing authority shall appoint to
1568	1568	20 that position the person with the highest ranking on the final
1569	1569	21 eligibility list. If the appointing authority has reason to
1570	1570	22 conclude that the highest ranked person fails to meet the
1571	1571	23 minimum standards for the position or if the appointing
1572	1572	24 authority believes an alternate candidate would better serve
1573	1573	25 the needs of the department, then the appointing authority has
1574	1574	26 the right to pass over the highest ranked person and appoint
1575	1575
1576	1576
1577	1577
1578	1578
1579	1579
1580	1580	SB0193 - 43 - LRB104 02963 RTM 12979 b
1581	1581
1582	1582
1583	1583	SB0193- 44 -LRB104 02963 RTM 12979 b SB0193 - 44 - LRB104 02963 RTM 12979 b
1584	1584	SB0193 - 44 - LRB104 02963 RTM 12979 b
1585	1585	1 either: (i) any person who has a ranking in the top 5% of the
1586	1586	2 register of eligibles or (ii) any person who is among the top 5
1587	1587	3 highest ranked persons on the list of eligibles if the number
1588	1588	4 of people who have a ranking in the top 5% of the register of
1589	1589	5 eligibles is less than 5 people.
1590	1590	6 Any candidate may pass on an appointment once without
1591	1591	7 losing his or her position on the register of eligibles. Any
1592	1592	8 candidate who passes a second time may be removed from the list
1593	1593	9 by the appointing authority provided that such action shall
1594	1594	10 not prejudice a person's opportunities to participate in
1595	1595	11 future examinations, including an examination held during the
1596	1596	12 time a candidate is already on the fire district's register of
1597	1597	13 eligibles.
1598	1598	14 The sole authority to issue certificates of appointment
1599	1599	15 shall be vested in the board of fire commissioners, or board of
1600	1600	16 trustees serving in the capacity of a board of fire
1601	1601	17 commissioners. All certificates of appointment issued to any
1602	1602	18 officer or member of an affected department shall be signed by
1603	1603	19 the chairperson and secretary, respectively, of the commission
1604	1604	20 upon appointment of such officer or member to the affected
1605	1605	21 department by action of the commission. After being selected
1606	1606	22 from the register of eligibles to fill a vacancy in the
1607	1607	23 affected department, each appointee shall be presented with
1608	1608	24 his or her certificate of appointment on the day on which he or
1609	1609	25 she is sworn in as a classified member of the affected
1610	1610	26 department. Firefighters who were not issued a certificate of
1611	1611
1612	1612
1613	1613
1614	1614
1615	1615
1616	1616	SB0193 - 44 - LRB104 02963 RTM 12979 b
1617	1617
1618	1618
1619	1619	SB0193- 45 -LRB104 02963 RTM 12979 b SB0193 - 45 - LRB104 02963 RTM 12979 b
1620	1620	SB0193 - 45 - LRB104 02963 RTM 12979 b
1621	1621	1 appointment when originally appointed shall be provided with a
1622	1622	2 certificate within 10 days after making a written request to
1623	1623	3 the chairperson of the board of fire commissioners, or board
1624	1624	4 of trustees serving in the capacity of a board of fire
1625	1625	5 commissioners. Each person who accepts a certificate of
1626	1626	6 appointment and successfully completes his or her probationary
1627	1627	7 period shall be enrolled as a firefighter and as a regular
1628	1628	8 member of the fire department.
1629	1629	9 For the purposes of this Section, "firefighter" means any
1630	1630	10 person who has been prior to, on, or after August 4, 2011 (the
1631	1631	11 effective date of Public Act 97-251) appointed to a fire
1632	1632	12 department or fire protection district or employed by a State
1633	1633	13 university and sworn or commissioned to perform firefighter
1634	1634	14 duties or paramedic duties, or both, except that the following
1635	1635	15 persons are not included: part-time firefighters; auxiliary,
1636	1636	16 reserve, or voluntary firefighters, including paid-on-call
1637	1637	17 firefighters; clerks and dispatchers or other civilian
1638	1638	18 employees of a fire department or fire protection district who
1639	1639	19 are not routinely expected to perform firefighter duties; and
1640	1640	20 elected officials.
1641	1641	21 (c) Qualification for placement on register of eligibles.
1642	1642	22 The purpose of establishing a register of eligibles is to
1643	1643	23 identify applicants who possess and demonstrate the mental
1644	1644	24 aptitude and physical ability to perform the duties required
1645	1645	25 of members of the fire department in order to provide the
1646	1646	26 highest quality of service to the public. To this end, all
1647	1647
1648	1648
1649	1649
1650	1650
1651	1651
1652	1652	SB0193 - 45 - LRB104 02963 RTM 12979 b
1653	1653
1654	1654
1655	1655	SB0193- 46 -LRB104 02963 RTM 12979 b SB0193 - 46 - LRB104 02963 RTM 12979 b
1656	1656	SB0193 - 46 - LRB104 02963 RTM 12979 b
1657	1657	1 applicants for original appointment to an affected fire
1658	1658	2 department shall be subject to examination and testing which
1659	1659	3 shall be public, competitive, and open to all applicants
1660	1660	4 unless the district shall by ordinance limit applicants to
1661	1661	5 residents of the district, county or counties in which the
1662	1662	6 district is located, State, or nation. Any examination and
1663	1663	7 testing procedure utilized under subsection (e) of this
1664	1664	8 Section shall be supported by appropriate validation evidence
1665	1665	9 and shall comply with all applicable State and federal laws.
1666	1666	10 Districts may establish educational, emergency medical service
1667	1667	11 licensure, and other prerequisites for participation in an
1668	1668	12 examination or for hire as a firefighter. Any fire protection
1669	1669	13 district may charge a fee to cover the costs of the application
1670	1670	14 process.
1671	1671	15 Residency requirements in effect at the time an individual
1672	1672	16 enters the fire service of a district cannot be made more
1673	1673	17 restrictive for that individual during his or her period of
1674	1674	18 service for that district, or be made a condition of
1675	1675	19 promotion, except for the rank or position of fire chief and
1676	1676	20 for no more than 2 positions that rank immediately below that
1677	1677	21 of the chief rank which are appointed positions pursuant to
1678	1678	22 the Fire Department Promotion Act.
1679	1679	23 No person who is 35 years of age or older shall be eligible
1680	1680	24 to take an examination for a position as a firefighter unless
1681	1681	25 the person has had previous employment status as a firefighter
1682	1682	26 in the regularly constituted fire department of the district,
1683	1683
1684	1684
1685	1685
1686	1686
1687	1687
1688	1688	SB0193 - 46 - LRB104 02963 RTM 12979 b
1689	1689
1690	1690
1691	1691	SB0193- 47 -LRB104 02963 RTM 12979 b SB0193 - 47 - LRB104 02963 RTM 12979 b
1692	1692	SB0193 - 47 - LRB104 02963 RTM 12979 b
1693	1693	1 except as provided in this Section. The age limitation does
1694	1694	2 not apply to:
1695	1695	3 (1) any person previously employed as a full-time
1696	1696	4 firefighter in a regularly constituted fire department of
1697	1697	5 (i) any municipality or fire protection district located
1698	1698	6 in Illinois, (ii) a fire protection district whose
1699	1699	7 obligations were assumed by a municipality under Section
1700	1700	8 21 of the Fire Protection District Act, or (iii) a
1701	1701	9 municipality whose obligations were taken over by a fire
1702	1702	10 protection district;
1703	1703	11 (2) any person who has served a fire district as a
1704	1704	12 regularly enrolled volunteer, paid-on-call, or part-time
1705	1705	13 firefighter; or
1706	1706	14 (3) any person who turned 35 while serving as a member
1707	1707	15 of the active or reserve components of any of the branches
1708	1708	16 of the Armed Forces of the United States or the National
1709	1709	17 Guard of any state, whose service was characterized as
1710	1710	18 honorable or under honorable, if separated from the
1711	1711	19 military, and is currently under the age of 40.
1712	1712	20 No person who is under 21 years of age shall be eligible
1713	1713	21 for employment as a firefighter unless hired as a volunteer
1714	1714	22 apprentice firefighter through an apprenticeship program
1715	1715	23 established under Section 10-4-15 of the Illinois Municipal
1716	1716	24 Code.
1717	1717	25 No applicant shall be examined concerning his or her
1718	1718	26 political or religious opinions or affiliations. The
1719	1719
1720	1720
1721	1721
1722	1722
1723	1723
1724	1724	SB0193 - 47 - LRB104 02963 RTM 12979 b
1725	1725
1726	1726
1727	1727	SB0193- 48 -LRB104 02963 RTM 12979 b SB0193 - 48 - LRB104 02963 RTM 12979 b
1728	1728	SB0193 - 48 - LRB104 02963 RTM 12979 b
1729	1729	1 examinations shall be conducted by the commissioners of the
1730	1730	2 district or their designees and agents.
1731	1731	3 No district shall require that any firefighter appointed
1732	1732	4 to the lowest rank serve a probationary employment period of
1733	1733	5 longer than one year of actual active employment, which may
1734	1734	6 exclude periods of training, or injury or illness leaves,
1735	1735	7 including duty related leave, in excess of 30 calendar days.
1736	1736	8 Notwithstanding anything to the contrary in this Section, the
1737	1737	9 probationary employment period limitation may be extended for
1738	1738	10 a firefighter who is required, as a condition of employment,
1739	1739	11 to be a licensed paramedic, during which time the sole reason
1740	1740	12 that a firefighter may be discharged without a hearing is for
1741	1741	13 failing to meet the requirements for paramedic licensure.
1742	1742	14 In the event that any applicant who has been found
1743	1743	15 eligible for appointment and whose name has been placed upon
1744	1744	16 the final eligibility register provided for in this Section
1745	1745	17 has not been appointed to a firefighter position within one
1746	1746	18 year after the date of his or her physical ability
1747	1747	19 examination, the commission may cause a second examination to
1748	1748	20 be made of that applicant's physical ability prior to his or
1749	1749	21 her appointment. If, after the second examination, the
1750	1750	22 physical ability of the applicant shall be found to be less
1751	1751	23 than the minimum standard fixed by the rules of the
1752	1752	24 commission, the applicant shall not be appointed. The
1753	1753	25 applicant's name may be retained upon the register of
1754	1754	26 candidates eligible for appointment and when next reached for
1755	1755
1756	1756
1757	1757
1758	1758
1759	1759
1760	1760	SB0193 - 48 - LRB104 02963 RTM 12979 b
1761	1761
1762	1762
1763	1763	SB0193- 49 -LRB104 02963 RTM 12979 b SB0193 - 49 - LRB104 02963 RTM 12979 b
1764	1764	SB0193 - 49 - LRB104 02963 RTM 12979 b
1765	1765	1 certification and appointment that applicant may be again
1766	1766	2 examined as provided in this Section, and if the physical
1767	1767	3 ability of that applicant is found to be less than the minimum
1768	1768	4 standard fixed by the rules of the commission, the applicant
1769	1769	5 shall not be appointed, and the name of the applicant shall be
1770	1770	6 removed from the register.
1771	1771	7 (d) Notice, examination, and testing components. Notice of
1772	1772	8 the time, place, general scope, merit criteria for any
1773	1773	9 subjective component, and fee of every examination shall be
1774	1774	10 given by the commission, by a publication at least 2 weeks
1775	1775	11 preceding the examination: (i) in one or more newspapers
1776	1776	12 published in the district, or if no newspaper is published
1777	1777	13 therein, then in one or more newspapers with a general
1778	1778	14 circulation within the district, or (ii) on the fire
1779	1779	15 protection district's Internet website. Additional notice of
1780	1780	16 the examination may be given as the commission shall
1781	1781	17 prescribe.
1782	1782	18 The examination and qualifying standards for employment of
1783	1783	19 firefighters shall be based on: mental aptitude, physical
1784	1784	20 ability, preferences, moral character, and health. The mental
1785	1785	21 aptitude, physical ability, and preference components shall
1786	1786	22 determine an applicant's qualification for and placement on
1787	1787	23 the final register of eligibles. The examination may also
1788	1788	24 include a subjective component based on merit criteria as
1789	1789	25 determined by the commission. Scores from the examination must
1790	1790	26 be made available to the public.
1791	1791
1792	1792
1793	1793
1794	1794
1795	1795
1796	1796	SB0193 - 49 - LRB104 02963 RTM 12979 b
1797	1797
1798	1798
1799	1799	SB0193- 50 -LRB104 02963 RTM 12979 b SB0193 - 50 - LRB104 02963 RTM 12979 b
1800	1800	SB0193 - 50 - LRB104 02963 RTM 12979 b
1801	1801	1 (e) Mental aptitude. No person who does not possess at
1802	1802	2 least a high school diploma or an equivalent high school
1803	1803	3 education shall be placed on a register of eligibles.
1804	1804	4 Examination of an applicant's mental aptitude shall be based
1805	1805	5 upon a written examination. The examination shall be practical
1806	1806	6 in character and relate to those matters that fairly test the
1807	1807	7 capacity of the persons examined to discharge the duties
1808	1808	8 performed by members of a fire department. Written
1809	1809	9 examinations shall be administered in a manner that ensures
1810	1810	10 the security and accuracy of the scores achieved.
1811	1811	11 (f) Physical ability. All candidates shall be required to
1812	1812	12 undergo an examination of their physical ability to perform
1813	1813	13 the essential functions included in the duties they may be
1814	1814	14 called upon to perform as a member of a fire department. For
1815	1815	15 the purposes of this Section, essential functions of the job
1816	1816	16 are functions associated with duties that a firefighter may be
1817	1817	17 called upon to perform in response to emergency calls. The
1818	1818	18 frequency of the occurrence of those duties as part of the fire
1819	1819	19 department's regular routine shall not be a controlling factor
1820	1820	20 in the design of examination criteria or evolutions selected
1821	1821	21 for testing. These physical examinations shall be open,
1822	1822	22 competitive, and based on industry standards designed to test
1823	1823	23 each applicant's physical abilities in the following
1824	1824	24 dimensions:
1825	1825	25 (1) Muscular strength to perform tasks and evolutions
1826	1826	26 that may be required in the performance of duties
1827	1827
1828	1828
1829	1829
1830	1830
1831	1831
1832	1832	SB0193 - 50 - LRB104 02963 RTM 12979 b
1833	1833
1834	1834
1835	1835	SB0193- 51 -LRB104 02963 RTM 12979 b SB0193 - 51 - LRB104 02963 RTM 12979 b
1836	1836	SB0193 - 51 - LRB104 02963 RTM 12979 b
1837	1837	1 including grip strength, leg strength, and arm strength.
1838	1838	2 Tests shall be conducted under anaerobic as well as
1839	1839	3 aerobic conditions to test both the candidate's speed and
1840	1840	4 endurance in performing tasks and evolutions. Tasks tested
1841	1841	5 may be based on standards developed, or approved, by the
1842	1842	6 local appointing authority.
1843	1843	7 (2) The ability to climb ladders, operate from
1844	1844	8 heights, walk or crawl in the dark along narrow and uneven
1845	1845	9 surfaces, and operate in proximity to hazardous
1846	1846	10 environments.
1847	1847	11 (3) The ability to carry out critical, time-sensitive,
1848	1848	12 and complex problem solving during physical exertion in
1849	1849	13 stressful and hazardous environments. The testing
1850	1850	14 environment may be hot and dark with tightly enclosed
1851	1851	15 spaces, flashing lights, sirens, and other distractions.
1852	1852	16 The tests utilized to measure each applicant's
1853	1853	17 capabilities in each of these dimensions may be tests based on
1854	1854	18 industry standards currently in use or equivalent tests
1855	1855	19 approved by the Joint Labor-Management Committee of the Office
1856	1856	20 of the State Fire Marshal.
1857	1857	21 Physical ability examinations administered under this
1858	1858	22 Section shall be conducted with a reasonable number of
1859	1859	23 proctors and monitors, open to the public, and subject to
1860	1860	24 reasonable regulations of the commission.
1861	1861	25 (g) Scoring of examination components. Appointing
1862	1862	26 authorities may create a preliminary eligibility register. A
1863	1863
1864	1864
1865	1865
1866	1866
1867	1867
1868	1868	SB0193 - 51 - LRB104 02963 RTM 12979 b
1869	1869
1870	1870
1871	1871	SB0193- 52 -LRB104 02963 RTM 12979 b SB0193 - 52 - LRB104 02963 RTM 12979 b
1872	1872	SB0193 - 52 - LRB104 02963 RTM 12979 b
1873	1873	1 person shall be placed on the list based upon his or her
1874	1874	2 passage of the written examination or the passage of the
1875	1875	3 written examination and the physical ability component.
1876	1876	4 Passage of the written examination means attaining the minimum
1877	1877	5 score set by the commission. Minimum scores should be set by
1878	1878	6 the appointing authorities so as to demonstrate a candidate's
1879	1879	7 ability to perform the essential functions of the job. The
1880	1880	8 minimum score set by the commission shall be supported by
1881	1881	9 appropriate validation evidence and shall comply with all
1882	1882	10 applicable State and federal laws. The appointing authority
1883	1883	11 may conduct the physical ability component and any subjective
1884	1884	12 components subsequent to the posting of the preliminary
1885	1885	13 eligibility register.
1886	1886	14 The examination components for an initial eligibility
1887	1887	15 register shall be graded on a 100-point scale. A person's
1888	1888	16 position on the list shall be determined by the following: (i)
1889	1889	17 the person's score on the written examination, (ii) the person
1890	1890	18 successfully passing the physical ability component, and (iii)
1891	1891	19 the person's results on any subjective component as described
1892	1892	20 in subsection (d).
1893	1893	21 In order to qualify for placement on the final eligibility
1894	1894	22 register, an applicant's score on the written examination,
1895	1895	23 before any applicable preference points or subjective points
1896	1896	24 are applied, shall be at or above the minimum score set by the
1897	1897	25 commission. The local appointing authority may prescribe the
1898	1898	26 score to qualify for placement on the final eligibility
1899	1899
1900	1900
1901	1901
1902	1902
1903	1903
1904	1904	SB0193 - 52 - LRB104 02963 RTM 12979 b
1905	1905
1906	1906
1907	1907	SB0193- 53 -LRB104 02963 RTM 12979 b SB0193 - 53 - LRB104 02963 RTM 12979 b
1908	1908	SB0193 - 53 - LRB104 02963 RTM 12979 b
1909	1909	1 register, but the score shall not be less than the minimum
1910	1910	2 score set by the commission.
1911	1911	3 The commission shall prepare and keep a register of
1912	1912	4 persons whose total score is not less than the minimum score
1913	1913	5 for passage and who have passed the physical ability
1914	1914	6 examination. These persons shall take rank upon the register
1915	1915	7 as candidates in the order of their relative excellence based
1916	1916	8 on the highest to the lowest total points scored on the mental
1917	1917	9 aptitude, subjective component, and preference components of
1918	1918	10 the test administered in accordance with this Section. No more
1919	1919	11 than 60 days after each examination, an initial eligibility
1920	1920	12 list shall be posted by the commission. The list shall include
1921	1921	13 the final grades of the candidates without reference to
1922	1922	14 priority of the time of examination and subject to claim for
1923	1923	15 preference credit.
1924	1924	16 Commissions may conduct additional examinations, including
1925	1925	17 without limitation a polygraph test, after a final eligibility
1926	1926	18 register is established and before it expires with the
1927	1927	19 candidates ranked by total score without regard to date of
1928	1928	20 examination. No more than 60 days after each examination, an
1929	1929	21 initial eligibility list shall be posted by the commission
1930	1930	22 showing the final grades of the candidates without reference
1931	1931	23 to priority of time of examination and subject to claim for
1932	1932	24 preference credit.
1933	1933	25 (h) Preferences. The following are preferences:
1934	1934	26 (1) Veteran preference. Persons who were engaged in
1935	1935
1936	1936
1937	1937
1938	1938
1939	1939
1940	1940	SB0193 - 53 - LRB104 02963 RTM 12979 b
1941	1941
1942	1942
1943	1943	SB0193- 54 -LRB104 02963 RTM 12979 b SB0193 - 54 - LRB104 02963 RTM 12979 b
1944	1944	SB0193 - 54 - LRB104 02963 RTM 12979 b
1945	1945	1 the military service of the United States for a period of
1946	1946	2 at least one year of active duty and who were honorably
1947	1947	3 discharged therefrom, or who are now or have been members
1948	1948	4 on inactive or reserve duty in such military or naval
1949	1949	5 service, shall be preferred for appointment to and
1950	1950	6 employment with the fire department of an affected
1951	1951	7 department.
1952	1952	8 (2) Fire cadet preference. Persons who have
1953	1953	9 successfully completed 2 years of study in fire techniques
1954	1954	10 or cadet training within a cadet program established under
1955	1955	11 the rules of the Joint Labor and Management Committee
1956	1956	12 (JLMC), as defined in Section 50 of the Fire Department
1957	1957	13 Promotion Act, may be preferred for appointment to and
1958	1958	14 employment with the fire department.
1959	1959	15 (3) Educational preference. Persons who have
1960	1960	16 successfully obtained an associate's degree in the field
1961	1961	17 of fire service or emergency medical services, or a
1962	1962	18 bachelor's degree from an accredited college or university
1963	1963	19 may be preferred for appointment to and employment with
1964	1964	20 the fire department.
1965	1965	21 (4) Paramedic preference. Persons who have obtained a
1966	1966	22 license as a paramedic may be preferred for appointment to
1967	1967	23 and employment with the fire department of an affected
1968	1968	24 department providing emergency medical services.
1969	1969	25 (5) Experience preference. All persons employed by a
1970	1970	26 district who have been paid-on-call or part-time certified
1971	1971
1972	1972
1973	1973
1974	1974
1975	1975
1976	1976	SB0193 - 54 - LRB104 02963 RTM 12979 b
1977	1977
1978	1978
1979	1979	SB0193- 55 -LRB104 02963 RTM 12979 b SB0193 - 55 - LRB104 02963 RTM 12979 b
1980	1980	SB0193 - 55 - LRB104 02963 RTM 12979 b
1981	1981	1 Firefighter II, certified Firefighter III, State of
1982	1982	2 Illinois or nationally licensed EMT, EMT-I, A-EMT, or
1983	1983	3 paramedic, or any combination of those capacities may be
1984	1984	4 awarded up to a maximum of 5 points. However, the
1985	1985	5 applicant may not be awarded more than 0.5 points for each
1986	1986	6 complete year of paid-on-call or part-time service.
1987	1987	7 Applicants from outside the district who were employed as
1988	1988	8 full-time firefighters or firefighter-paramedics by a fire
1989	1989	9 protection district or municipality for at least 2 years
1990	1990	10 may be awarded up to 5 experience preference points.
1991	1991	11 However, the applicant may not be awarded more than one
1992	1992	12 point for each complete year of full-time service.
1993	1993	13 Upon request by the commission, the governing body of
1994	1994	14 the district or in the case of applicants from outside the
1995	1995	15 district the governing body of any other fire protection
1996	1996	16 district or any municipality shall certify to the
1997	1997	17 commission, within 10 days after the request, the number
1998	1998	18 of years of successful paid-on-call, part-time, or
1999	1999	19 full-time service of any person. A candidate may not
2000	2000	20 receive the full amount of preference points under this
2001	2001	21 subsection if the amount of points awarded would place the
2002	2002	22 candidate before a veteran on the eligibility list. If
2003	2003	23 more than one candidate receiving experience preference
2004	2004	24 points is prevented from receiving all of their points due
2005	2005	25 to not being allowed to pass a veteran, the candidates
2006	2006	26 shall be placed on the list below the veteran in rank order
2007	2007
2008	2008
2009	2009
2010	2010
2011	2011
2012	2012	SB0193 - 55 - LRB104 02963 RTM 12979 b
2013	2013
2014	2014
2015	2015	SB0193- 56 -LRB104 02963 RTM 12979 b SB0193 - 56 - LRB104 02963 RTM 12979 b
2016	2016	SB0193 - 56 - LRB104 02963 RTM 12979 b
2017	2017	1 based on the totals received if all points under this
2018	2018	2 subsection were to be awarded. Any remaining ties on the
2019	2019	3 list shall be determined by lot.
2020	2020	4 (6) Residency preference. Applicants whose principal
2021	2021	5 residence is located within the fire department's
2022	2022	6 jurisdiction may be preferred for appointment to and
2023	2023	7 employment with the fire department.
2024	2024	8 (7) Additional preferences. Up to 5 additional
2025	2025	9 preference points may be awarded for unique categories
2026	2026	10 based on an applicant's experience or background as
2027	2027	11 identified by the commission.
2028	2028	12 (7.5) Apprentice preferences. A person who has
2029	2029	13 performed fire suppression service for a department as a
2030	2030	14 firefighter apprentice and otherwise meets the
2031	2031	15 qualifications for original appointment as a firefighter
2032	2032	16 specified in this Section is eligible to be awarded up to
2033	2033	17 20 preference points. To qualify for preference points, an
2034	2034	18 applicant shall have completed a minimum of 600 hours of
2035	2035	19 fire suppression work on a regular shift for the affected
2036	2036	20 fire department over a 12-month period. The fire
2037	2037	21 suppression work must be in accordance with Section 16.06
2038	2038	22 of this Act and the terms established by a Joint
2039	2039	23 Apprenticeship Committee included in a collective
2040	2040	24 bargaining agreement agreed between the employer and its
2041	2041	25 certified bargaining agent. An eligible applicant must
2042	2042	26 apply to the Joint Apprenticeship Committee for preference
2043	2043
2044	2044
2045	2045
2046	2046
2047	2047
2048	2048	SB0193 - 56 - LRB104 02963 RTM 12979 b
2049	2049
2050	2050
2051	2051	SB0193- 57 -LRB104 02963 RTM 12979 b SB0193 - 57 - LRB104 02963 RTM 12979 b
2052	2052	SB0193 - 57 - LRB104 02963 RTM 12979 b
2053	2053	1 points under this item. The Joint Apprenticeship Committee
2054	2054	2 shall evaluate the merit of the applicant's performance,
2055	2055	3 determine the preference points to be awarded, and certify
2056	2056	4 the amount of points awarded to the commissioners. The
2057	2057	5 commissioners may add the certified preference points to
2058	2058	6 the final grades achieved by the applicant on the other
2059	2059	7 components of the examination.
2060	2060	8 (8) Scoring of preferences. The commission shall give
2061	2061	9 preference for original appointment to persons designated
2062	2062	10 in item (1) by adding to the final grade that they receive
2063	2063	11 5 points for the recognized preference achieved. The
2064	2064	12 commission may give preference for original appointment to
2065	2065	13 persons designated in item (7.5) by adding to the final
2066	2066	14 grade the amount of points designated by the Joint
2067	2067	15 Apprenticeship Committee as defined in item (7.5). The
2068	2068	16 commission shall determine the number of preference points
2069	2069	17 for each category, except (1) and (7.5). The number of
2070	2070	18 preference points for each category shall range from 0 to
2071	2071	19 5, except item (7.5). In determining the number of
2072	2072	20 preference points, the commission shall prescribe that if
2073	2073	21 a candidate earns the maximum number of preference points
2074	2074	22 in all categories except item (7.5), that number may not
2075	2075	23 be less than 10 nor more than 30. The commission shall give
2076	2076	24 preference for original appointment to persons designated
2077	2077	25 in items (2) through (7) by adding the requisite number of
2078	2078	26 points to the final grade for each recognized preference
2079	2079
2080	2080
2081	2081
2082	2082
2083	2083
2084	2084	SB0193 - 57 - LRB104 02963 RTM 12979 b
2085	2085
2086	2086
2087	2087	SB0193- 58 -LRB104 02963 RTM 12979 b SB0193 - 58 - LRB104 02963 RTM 12979 b
2088	2088	SB0193 - 58 - LRB104 02963 RTM 12979 b
2089	2089	1 achieved. The numerical result thus attained shall be
2090	2090	2 applied by the commission in determining the final
2091	2091	3 eligibility list and appointment from the eligibility
2092	2092	4 list. The local appointing authority may prescribe the
2093	2093	5 total number of preference points awarded under this
2094	2094	6 Section, but the total number of preference points, except
2095	2095	7 item (7.5), shall not be less than 10 points or more than
2096	2096	8 30 points. Apprentice preference points may be added in
2097	2097	9 addition to other preference points awarded by the
2098	2098	10 commission.
2099	2099	11 No person entitled to any preference shall be required to
2100	2100	12 claim the credit before any examination held under the
2101	2101	13 provisions of this Section, but the preference shall be given
2102	2102	14 after the posting or publication of the initial eligibility
2103	2103	15 list or register at the request of a person entitled to a
2104	2104	16 credit before any certification or appointments are made from
2105	2105	17 the eligibility register, upon the furnishing of verifiable
2106	2106	18 evidence and proof of qualifying preference credit. Candidates
2107	2107	19 who are eligible for preference credit shall make a claim in
2108	2108	20 writing within 10 days after the posting of the initial
2109	2109	21 eligibility list, or the claim shall be deemed waived. Final
2110	2110	22 eligibility registers shall be established after the awarding
2111	2111	23 of verified preference points. However, apprentice preference
2112	2112	24 credit earned subsequent to the establishment of the final
2113	2113	25 eligibility register may be applied to the applicant's score
2114	2114	26 upon certification by the Joint Apprenticeship Committee to
2115	2115
2116	2116
2117	2117
2118	2118
2119	2119
2120	2120	SB0193 - 58 - LRB104 02963 RTM 12979 b
2121	2121
2122	2122
2123	2123	SB0193- 59 -LRB104 02963 RTM 12979 b SB0193 - 59 - LRB104 02963 RTM 12979 b
2124	2124	SB0193 - 59 - LRB104 02963 RTM 12979 b
2125	2125	1 the commission and the rank order of candidates on the final
2126	2126	2 eligibility register shall be adjusted accordingly. All
2127	2127	3 employment shall be subject to the commission's initial hire
2128	2128	4 background review, including, but not limited to, criminal
2129	2129	5 history, employment history, moral character, oral
2130	2130	6 examination, and medical and psychological examinations, all
2131	2131	7 on a pass-fail basis. The medical and psychological
2132	2132	8 examinations must be conducted last, and may only be performed
2133	2133	9 after a conditional offer of employment has been extended.
2134	2134	10 Any person placed on an eligibility list who exceeds the
2135	2135	11 age requirement before being appointed to a fire department
2136	2136	12 shall remain eligible for appointment until the list is
2137	2137	13 abolished, or his or her name has been on the list for a period
2138	2138	14 of 2 years. No person who has attained the age of 35 years
2139	2139	15 shall be inducted into a fire department, except as otherwise
2140	2140	16 provided in this Section.
2141	2141	17 The commission shall strike off the names of candidates
2142	2142	18 for original appointment after the names have been on the list
2143	2143	19 for more than 2 years.
2144	2144	20 (i) Moral character. No person shall be appointed to a
2145	2145	21 fire department unless he or she is a person of good character;
2146	2146	22 not a habitual drunkard, a gambler, or a person who has been
2147	2147	23 convicted of a felony or a crime involving moral turpitude.
2148	2148	24 However, no person shall be disqualified from appointment to
2149	2149	25 the fire department because of the person's record of
2150	2150	26 misdemeanor convictions except those under Sections 11-6,
2151	2151
2152	2152
2153	2153
2154	2154
2155	2155
2156	2156	SB0193 - 59 - LRB104 02963 RTM 12979 b
2157	2157
2158	2158
2159	2159	SB0193- 60 -LRB104 02963 RTM 12979 b SB0193 - 60 - LRB104 02963 RTM 12979 b
2160	2160	SB0193 - 60 - LRB104 02963 RTM 12979 b
2161	2161	1 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2162	2162	2 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2163	2163	3 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
2164	2164	4 (1), (6), and (8) of subsection (a) of Section 24-1 of the
2165	2165	5 Criminal Code of 1961 or the Criminal Code of 2012, or arrest
2166	2166	6 for any cause without conviction thereon. Any such person who
2167	2167	7 is in the department may be removed on charges brought for
2168	2168	8 violating this subsection and after a trial as hereinafter
2169	2169	9 provided.
2170	2170	10 A classifiable set of the fingerprints of every person who
2171	2171	11 is offered employment as a certificated member of an affected
2172	2172	12 fire department whether with or without compensation, shall be
2173	2173	13 furnished to the Illinois State Police and to the Federal
2174	2174	14 Bureau of Investigation by the commission.
2175	2175	15 Whenever a commission is authorized or required by law to
2176	2176	16 consider some aspect of criminal history record information
2177	2177	17 for the purpose of carrying out its statutory powers and
2178	2178	18 responsibilities, then, upon request and payment of fees in
2179	2179	19 conformance with the requirements of Section 2605-400 of the
2180	2180	20 Illinois State Police Law of the Civil Administrative Code of
2181	2181	21 Illinois, the Illinois State Police is authorized to furnish,
2182	2182	22 pursuant to positive identification, the information contained
2183	2183	23 in State files as is necessary to fulfill the request.
2184	2184	24 (j) Temporary appointments. In order to prevent a stoppage
2185	2185	25 of public business, to meet extraordinary exigencies, or to
2186	2186	26 prevent material impairment of the fire department, the
2187	2187
2188	2188
2189	2189
2190	2190
2191	2191
2192	2192	SB0193 - 60 - LRB104 02963 RTM 12979 b
2193	2193
2194	2194
2195	2195	SB0193- 61 -LRB104 02963 RTM 12979 b SB0193 - 61 - LRB104 02963 RTM 12979 b
2196	2196	SB0193 - 61 - LRB104 02963 RTM 12979 b
2197	2197
2198	2198
2199	2199
2200	2200
2201	2201
2202	2202	SB0193 - 61 - LRB104 02963 RTM 12979 b