98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4741
 
Introduced , by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:



70 ILCS 705/16.06b

 Amends the Fire Protection District Act. Provides that an individual who turned 35 while serving as a member of the active or reserve components of any of the branches of the Armed Forces of the United States or the National Guard of any state, whose service was characterized as honorable or under honorable, and is currently under the age of 40 is eligible to take an examination for a position as a firefighter. Effective immediately.



LRB098 16875 JLK 51948 b


 
 
A BILL FOR
 


HB4741LRB098 16875 JLK 51948 b



1 AN ACT concerning local government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Fire Protection District Act is amended by 
5changing Section 16.06b as follows:

6 (70 ILCS 705/16.06b)
7 Sec. 16.06b. Original appointments; full-time fire 
8department.
9 (a) Applicability. Unless a commission elects to follow the 
10provisions of Section 16.06c, this Section shall apply to all 
11original appointments to an affected full-time fire 
12department. Existing registers of eligibles shall continue to 
13be valid until their expiration dates, or up to a maximum of 2 
14years after the effective date of this amendatory Act of the 
1597th General Assembly.
16 Notwithstanding any statute, ordinance, rule, or other law 
17to the contrary, all original appointments to an affected 
18department to which this Section applies shall be administered 
19in a no less stringent manner than the manner provided for in 
20this Section. Provisions of the Illinois Municipal Code, Fire 
21Protection District Act, fire district ordinances, and rules 
22adopted pursuant to such authority and other laws relating to 
23initial hiring of firefighters in affected departments shall 
 
 
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1continue to apply to the extent they are compatible with this 
2Section, but in the event of a conflict between this Section 
3and any other law, this Section shall control.
4 A fire protection district that is operating under a court 
5order or consent decree regarding original appointments to a 
6full-time fire department before the effective date of this 
7amendatory Act of the 97th General Assembly is exempt from the 
8requirements of this Section for the duration of the court 
9order or consent decree.
10 (b) Original appointments. All original appointments made 
11to an affected fire department shall be made from a register of 
12eligibles established in accordance with the processes 
13required by this Section. Only persons who meet or exceed the 
14performance standards required by the Section shall be placed 
15on a register of eligibles for original appointment to an 
16affected fire department.
17 Whenever an appointing authority authorizes action to hire 
18a person to perform the duties of a firefighter or to hire a 
19firefighter-paramedic to fill a position that is a new position 
20or vacancy due to resignation, discharge, promotion, death, the 
21granting of a disability or retirement pension, or any other 
22cause, the appointing authority shall appoint to that position 
23the person with the highest ranking on the final eligibility 
24list. If the appointing authority has reason to conclude that 
25the highest ranked person fails to meet the minimum standards 
26for the position or if the appointing authority believes an 
 
 
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1alternate candidate would better serve the needs of the 
2department, then the appointing authority has the right to pass 
3over the highest ranked person and appoint either: (i) any 
4person who has a ranking in the top 5% of the register of 
5eligibles or (ii) any person who is among the top 5 highest 
6ranked persons on the list of eligibles if the number of people 
7who have a ranking in the top 5% of the register of eligibles 
8is less than 5 people.
9 Any candidate may pass on an appointment once without 
10losing his or her position on the register of eligibles. Any 
11candidate who passes a second time may be removed from the list 
12by the appointing authority provided that such action shall not 
13prejudice a person's opportunities to participate in future 
14examinations, including an examination held during the time a 
15candidate is already on the fire district's register of 
16eligibles.
17 The sole authority to issue certificates of appointment 
18shall be vested in the board of fire commissioners, or board of 
19trustees serving in the capacity of a board of fire 
20commissioners. All certificates of appointment issued to any 
21officer or member of an affected department shall be signed by 
22the chairperson and secretary, respectively, of the commission 
23upon appointment of such officer or member to the affected 
24department by action of the commission. Each person who accepts 
25a certificate of appointment and successfully completes his or 
26her probationary period shall be enrolled as a firefighter and 
 
 
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1as a regular member of the fire department.
2 For the purposes of this Section, "firefighter" means any 
3person who has been prior to, on, or after the effective date 
4of this amendatory Act of the 97th General Assembly appointed 
5to a fire department or fire protection district or employed by 
6a State university and sworn or commissioned to perform 
7firefighter duties or paramedic duties, or both, except that 
8the following persons are not included: part-time 
9firefighters; auxiliary, reserve, or voluntary firefighters, 
10including paid-on-call firefighters; clerks and dispatchers or 
11other civilian employees of a fire department or fire 
12protection district who are not routinely expected to perform 
13firefighter duties; and elected officials.
14 (c) Qualification for placement on register of eligibles. 
15The purpose of establishing a register of eligibles is to 
16identify applicants who possess and demonstrate the mental 
17aptitude and physical ability to perform the duties required of 
18members of the fire department in order to provide the highest 
19quality of service to the public. To this end, all applicants 
20for original appointment to an affected fire department shall 
21be subject to examination and testing which shall be public, 
22competitive, and open to all applicants unless the district 
23shall by ordinance limit applicants to residents of the 
24district, county or counties in which the district is located, 
25State, or nation. Districts may establish educational, 
26emergency medical service licensure, and other pre-requisites 
 
 
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1for participation in an examination or for hire as a 
2firefighter. Any fire protection district may charge a fee to 
3cover the costs of the application process.
4 Residency requirements in effect at the time an individual 
5enters the fire service of a district cannot be made more 
6restrictive for that individual during his or her period of 
7service for that district, or be made a condition of promotion, 
8except for the rank or position of fire chief and for no more 
9than 2 positions that rank immediately below that of the chief 
10rank which are appointed positions pursuant to the Fire 
11Department Promotion Act.
12 No person who is 35 years of age or older shall be eligible 
13to take an examination for a position as a firefighter unless 
14the person has had previous employment status as a firefighter 
15in the regularly constituted fire department of the district, 
16except as provided in this Section. The age limitation does not 
17apply to:
18  (1) any person previously employed as a full-time 
19 firefighter in a regularly constituted fire department of 
20 (i) any municipality or fire protection district located in 
21 Illinois, (ii) a fire protection district whose 
22 obligations were assumed by a municipality under Section 21 
23 of the Fire Protection District Act, or (iii) a 
24 municipality whose obligations were taken over by a fire 
25 protection district, or
26  (2) any person who has served a fire district as a 
 
 
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1 regularly enrolled volunteer, paid-on-call, or part-time 
2 firefighter for the 5 years immediately preceding the time 
3 that the district begins to use full-time firefighters to 
4 provide all or part of its fire protection service; or .
5  (3) any person who turned 35 while serving as a member 
6 of the active or reserve components of any of the branches 
7 of the Armed Forces of the United States or the National 
8 Guard of any state, whose service was characterized as 
9 honorable or under honorable, if separated from the 
10 military, and is currently under the age of 40. 
11 No person who is under 21 years of age shall be eligible 
12for employment as a firefighter.
13 No applicant shall be examined concerning his or her 
14political or religious opinions or affiliations. The 
15examinations shall be conducted by the commissioners of the 
16district or their designees and agents.
17 No district shall require that any firefighter appointed to 
18the lowest rank serve a probationary employment period of 
19longer than one year of actual active employment, which may 
20exclude periods of training, or injury or illness leaves, 
21including duty related leave, in excess of 30 calendar days. 
22Notwithstanding anything to the contrary in this Section, the 
23probationary employment period limitation may be extended for a 
24firefighter who is required, as a condition of employment, to 
25be a certified paramedic, during which time the sole reason 
26that a firefighter may be discharged without a hearing is for 
 
 
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1failing to meet the requirements for paramedic certification.
2 In the event that any applicant who has been found eligible 
3for appointment and whose name has been placed upon the final 
4eligibility register provided for in this Section has not been 
5appointed to a firefighter position within one year after the 
6date of his or her physical ability examination, the commission 
7may cause a second examination to be made of that applicant's 
8physical ability prior to his or her appointment. If, after the 
9second examination, the physical ability of the applicant shall 
10be found to be less than the minimum standard fixed by the 
11rules of the commission, the applicant shall not be appointed. 
12The applicant's name may be retained upon the register of 
13candidates eligible for appointment and when next reached for 
14certification and appointment that applicant may be again 
15examined as provided in this Section, and if the physical 
16ability of that applicant is found to be less than the minimum 
17standard fixed by the rules of the commission, the applicant 
18shall not be appointed, and the name of the applicant shall be 
19removed from the register.
20 (d) Notice, examination, and testing components. Notice of 
21the time, place, general scope, merit criteria for any 
22subjective component, and fee of every examination shall be 
23given by the commission, by a publication at least 2 weeks 
24preceding the examination: (i) in one or more newspapers 
25published in the district, or if no newspaper is published 
26therein, then in one or more newspapers with a general 
 
 
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1circulation within the district, or (ii) on the fire protection 
2district's Internet website. Additional notice of the 
3examination may be given as the commission shall prescribe.
4 The examination and qualifying standards for employment of 
5firefighters shall be based on: mental aptitude, physical 
6ability, preferences, moral character, and health. The mental 
7aptitude, physical ability, and preference components shall 
8determine an applicant's qualification for and placement on the 
9final register of eligibles. The examination may also include a 
10subjective component based on merit criteria as determined by 
11the commission. Scores from the examination must be made 
12available to the public.
13 (e) Mental aptitude. No person who does not possess at 
14least a high school diploma or an equivalent high school 
15education shall be placed on a register of eligibles. 
16Examination of an applicant's mental aptitude shall be based 
17upon a written examination. The examination shall be practical 
18in character and relate to those matters that fairly test the 
19capacity of the persons examined to discharge the duties 
20performed by members of a fire department. Written examinations 
21shall be administered in a manner that ensures the security and 
22accuracy of the scores achieved.
23 (f) Physical ability. All candidates shall be required to 
24undergo an examination of their physical ability to perform the 
25essential functions included in the duties they may be called 
26upon to perform as a member of a fire department. For the 
 
 
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1purposes of this Section, essential functions of the job are 
2functions associated with duties that a firefighter may be 
3called upon to perform in response to emergency calls. The 
4frequency of the occurrence of those duties as part of the fire 
5department's regular routine shall not be a controlling factor 
6in the design of examination criteria or evolutions selected 
7for testing. These physical examinations shall be open, 
8competitive, and based on industry standards designed to test 
9each applicant's physical abilities in the following 
10dimensions:
11  (1) Muscular strength to perform tasks and evolutions 
12 that may be required in the performance of duties including 
13 grip strength, leg strength, and arm strength. Tests shall 
14 be conducted under anaerobic as well as aerobic conditions 
15 to test both the candidate's speed and endurance in 
16 performing tasks and evolutions. Tasks tested may be based 
17 on standards developed, or approved, by the local 
18 appointing authority.
19  (2) The ability to climb ladders, operate from heights, 
20 walk or crawl in the dark along narrow and uneven surfaces, 
21 and operate in proximity to hazardous environments.
22  (3) The ability to carry out critical, time-sensitive, 
23 and complex problem solving during physical exertion in 
24 stressful and hazardous environments. The testing 
25 environment may be hot and dark with tightly enclosed 
26 spaces, flashing lights, sirens, and other distractions.
 
 
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1 The tests utilized to measure each applicant's

2capabilities in each of these dimensions may be tests based on

3industry standards currently in use or equivalent tests 
4approved by the Joint Labor-Management Committee of the Office 
5of the State Fire Marshal. 
6 Physical ability examinations administered under this 
7Section shall be conducted with a reasonable number of proctors 
8and monitors, open to the public, and subject to reasonable 
9regulations of the commission.
10 (g) Scoring of examination components. Appointing 
11authorities may create a preliminary eligibility register. A 
12person shall be placed on the list based upon his or her 
13passage of the written examination or the passage of the 
14written examination and the physical ability component. 
15Passage of the written examination means a score that is at or 
16above the median score for all applicants participating in the 
17written test. The appointing authority may conduct the physical 
18ability component and any subjective components subsequent to 
19the posting of the preliminary eligibility register.
20 The examination components for an initial eligibility 
21register shall be graded on a 100-point scale. A person's 
22position on the list shall be determined by the following: (i)

23the person's score on the written examination, (ii) the person

24successfully passing the physical ability component, and (iii) 
25the
person's results on any subjective component as described 
26in
subsection (d). 
 
 
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1 In order to qualify for placement on the final eligibility 
2register, an applicant's score on the written examination, 
3before any applicable preference points or subjective points 
4are applied, shall be at or above the median score. The local 
5appointing authority may prescribe the score to qualify for 
6placement on the final eligibility register, but the score 
7shall not be less than the median score.
8 The commission shall prepare and keep a register of persons 
9whose total score is not less than the minimum fixed by this 
10Section and who have passed the physical ability examination. 
11These persons shall take rank upon the register as candidates 
12in the order of their relative excellence based on the highest 
13to the lowest total points scored on the mental aptitude, 
14subjective component, and preference components of the test 
15administered in accordance with this Section. No more than 60 
16days after each examination, an initial eligibility list shall 
17be posted by the commission. The list shall include the final 
18grades of the candidates without reference to priority of the 
19time of examination and subject to claim for preference credit.
20 Commissions may conduct additional examinations, including 
21without limitation a polygraph test, after a final eligibility 
22register is established and before it expires with the 
23candidates ranked by total score without regard to date of 
24examination. No more than 60 days after each examination, an 
25initial eligibility list shall be posted by the commission 
26showing the final grades of the candidates without reference to 
 
 
HB4741- 12 -LRB098 16875 JLK 51948 b


1priority of time of examination and subject to claim for 
2preference credit.
3 (h) Preferences. The following are preferences:
4  (1) Veteran preference. Persons who were engaged in the 
5 military service of the United States for a period of at 
6 least one year of active duty and who were honorably 
7 discharged therefrom, or who are now or have been members 
8 on inactive or reserve duty in such military or naval 
9 service, shall be preferred for appointment to and 
10 employment with the fire department of an affected 
11 department.
12  (2) Fire cadet preference. Persons who have 
13 successfully completed 2 years of study in fire techniques 
14 or cadet training within a cadet program established under 
15 the rules of the Joint Labor and Management Committee 
16 (JLMC), as defined in Section 50 of the Fire Department 
17 Promotion Act, may be preferred for appointment to and 
18 employment with the fire department.
19  (3) Educational preference. Persons who have 
20 successfully obtained an associate's degree in the field of 
21 fire service or emergency medical services, or a bachelor's 
22 degree from an accredited college or university may be 
23 preferred for appointment to and employment with the fire 
24 department.
25  (4) Paramedic preference. Persons who have obtained 
26 certification as an Emergency Medical Technician-Paramedic 
 
 
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1 (EMT-P) may be preferred for appointment to and employment 
2 with the fire department of an affected department 
3 providing emergency medical services.
4  (5) Experience preference. All persons employed by a 
5 district who have been paid-on-call or part-time certified 
6 Firefighter II, certified Firefighter III, State of 
7 Illinois or nationally licensed EMT-B or EMT-I, licensed 
8 paramedic, or any combination of those capacities may be 
9 awarded up to a maximum of 5 points. However, the applicant 
10 may not be awarded more than 0.5 points for each complete 
11 year of paid-on-call or part-time service. Applicants from 
12 outside the district who were employed as full-time 
13 firefighters or firefighter-paramedics by a fire 
14 protection district or municipality for at least 2 years 
15 may be awarded up to 5 experience preference points. 
16 However, the applicant may not be awarded more than one 
17 point for each complete year of full-time service.
18  Upon request by the commission, the governing body of 
19 the district or in the case of applicants from outside the 
20 district the governing body of any other fire protection 
21 district or any municipality shall certify to the 
22 commission, within 10 days after the request, the number of 
23 years of successful paid-on-call, part-time, or full-time 
24 service of any person. A candidate may not receive the full 
25 amount of preference points under this subsection if the 
26 amount of points awarded would place the candidate before a 
 
 
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1 veteran on the eligibility list. If more than one candidate 
2 receiving experience preference points is prevented from 
3 receiving all of their points due to not being allowed to 
4 pass a veteran, the candidates shall be placed on the list 
5 below the veteran in rank order based on the totals 
6 received if all points under this subsection were to be 
7 awarded. Any remaining ties on the list shall be determined 
8 by lot. 
9  (6) Residency preference. Applicants whose principal 
10 residence is located within the fire department's 
11 jurisdiction may be preferred for appointment to and 
12 employment with the fire department.
13  (7) Additional preferences. Up to 5 additional 
14 preference points may be awarded for unique categories 
15 based on an applicant's experience or background as 
16 identified by the commission.
17  (8) Scoring of preferences. The
commission shall give 
18 preference for original appointment
to persons designated 
19 in item (1)
by adding to the final grade that they receive 
20 5 points
for the recognized preference achieved. The 
21 commission shall determine the number of preference points 
22 for each category except (1). The number of preference 
23 points for each category shall range from 0 to 5. In 
24 determining the number of preference points, the 
25 commission shall prescribe that if a candidate earns the 
26 maximum number of preference points in all categories, that 
 
 
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1 number may not be less than 10 nor more than 30. The 
2 commission shall give preference for original appointment 
3 to persons designated in items (2) through (7) by adding 
4 the requisite number of points to the final grade for each 
5 recognized preference achieved. The numerical result thus 
6 attained shall be applied by the commission in determining 
7 the final eligibility list and appointment from the 
8 eligibility list. The local appointing authority may 
9 prescribe the total number of preference points awarded 
10 under this Section, but the total number of preference 
11 points shall not be less than 10 points or more than 30 
12 points.
13 No person entitled to any preference shall be required to 
14claim the credit before any examination held under the 
15provisions of this Section, but the preference shall be given 
16after the posting or publication of the initial eligibility 
17list or register at the request of a person entitled to a 
18credit before any certification or appointments are made from 
19the eligibility register, upon the furnishing of verifiable 
20evidence and proof of qualifying preference credit. Candidates 
21who are eligible for preference credit shall make a claim in 
22writing within 10 days after the posting of the initial 
23eligibility list, or the claim shall be deemed waived. Final 
24eligibility registers shall be established after the awarding 
25of verified preference points. All employment shall be subject 
26to the commission's initial hire background review including, 
 
 
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1but not limited to, criminal history, employment history, moral 
2character, oral examination, and medical and psychological 
3examinations, all on a pass-fail basis. The medical and 
4psychological examinations must be conducted last, and may only 
5be performed after a conditional offer of employment has been 
6extended.
7 Any person placed on an eligibility list who exceeds the 
8age requirement before being appointed to a fire department 
9shall remain eligible for appointment until the list is 
10abolished, or his or her name has been on the list for a period 
11of 2 years. No person who has attained the age of 35 years 
12shall be inducted into a fire department, except as otherwise 
13provided in this Section.
14 The commission shall strike off the names of candidates for 
15original appointment after the names have been on the list for 
16more than 2 years.
17 (i) Moral character. No person shall be appointed to a fire 
18department unless he or she is a person of good character; not 
19a habitual drunkard, a gambler, or a person who has been 
20convicted of a felony or a crime involving moral turpitude. 
21However, no person shall be disqualified from appointment to 
22the fire department because of the person's record of 
23misdemeanor convictions except those under Sections 11-6, 
2411-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 
2512-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 
2631-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections 
 
 
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11, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the 
2Criminal Code of 2012, or arrest for any cause without 
3conviction thereon. Any such person who is in the department 
4may be removed on charges brought for violating this subsection 
5and after a trial as hereinafter provided.
6 A classifiable set of the fingerprints of every person who 
7is offered employment as a certificated member of an affected 
8fire department whether with or without compensation, shall be 
9furnished to the Illinois Department of State Police and to the 
10Federal Bureau of Investigation by the commission.
11 Whenever a commission is authorized or required by law to 
12consider some aspect of criminal history record information for 
13the purpose of carrying out its statutory powers and 
14responsibilities, then, upon request and payment of fees in 
15conformance with the requirements of Section 2605-400 of the 
16State Police Law of the Civil Administrative Code of Illinois, 
17the Department of State Police is authorized to furnish, 
18pursuant to positive identification, the information contained 
19in State files as is necessary to fulfill the request.
20 (j) Temporary appointments. In order to prevent a stoppage 
21of public business, to meet extraordinary exigencies, or to 
22prevent material impairment of the fire department, the 
23commission may make temporary appointments, to remain in force 
24only until regular appointments are made under the provisions 
25of this Section, but never to exceed 60 days. No temporary 
26appointment of any one person shall be made more than twice in 
 
 
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1any calendar year.
2 (k) A person who knowingly divulges or receives test 
3questions or answers before a written examination, or otherwise 
4knowingly violates or subverts any requirement of this Section, 
5commits a violation of this Section and may be subject to 
6charges for official misconduct.
7 A person who is the knowing recipient of test information 
8in advance of the examination shall be disqualified from the 
9examination or discharged from the position to which he or she 
10was appointed, as applicable, and otherwise subjected to 
11disciplinary actions.

12(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 
1397-1150, eff. 1-25-13.)


14 Section 99. Effective date. This Act takes effect upon 
15becoming law.