Public Act 099-0379

HB3203 EnrolledLRB099 08813 AWJ 28984 b



 AN ACT concerning local government.


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

represented in the General Assembly:



 Section 5. The Illinois Municipal Code is amended by 
changing Sections 10-1-7.1 and 10-2.1-6.3 as follows:

 (65 ILCS 5/10-1-7.1)
 Sec. 10-1-7.1. Original appointments; full-time fire 
department.
 (a) Applicability. Unless a commission elects to follow the 
provisions of Section 10-1-7.2, this Section shall apply to all 
original appointments to an affected full-time fire 
department. Existing registers of eligibles shall continue to 
be valid until their expiration dates, or up to a maximum of 2 
years after the effective date of this amendatory Act of the 
97th General Assembly.
 Notwithstanding any statute, ordinance, rule, or other law 
to the contrary, all original appointments to an affected 
department to which this Section applies shall be administered 
in the manner provided for in this Section. Provisions of the 
Illinois Municipal Code, municipal ordinances, and rules 
adopted pursuant to such authority and other laws relating to 
initial hiring of firefighters in affected departments shall 
continue to apply to the extent they are compatible with this 
Section, but in the event of a conflict between this Section 
and any other law, this Section shall control.
 A home rule or non-home rule municipality may not 
administer its fire department process for original 
appointments in a manner that is less stringent than this 
Section. This Section is a limitation under subsection (i) of 
Section 6 of Article VII of the Illinois Constitution on the 
concurrent exercise by home rule units of the powers and 
functions exercised by the State.
 A municipality that is operating under a court order or 
consent decree regarding original appointments to a full-time 
fire department before the effective date of this amendatory 
Act of the 97th General Assembly is exempt from the 
requirements of this Section for the duration of the court 
order or consent decree. 
 Notwithstanding any other provision of this subsection 
(a), this Section does not apply to a municipality with more 
than 1,000,000 inhabitants. 
 (b) Original appointments. All original appointments made 
to an affected fire department shall be made from a register of 
eligibles established in accordance with the processes 
established by this Section. Only persons who meet or exceed 
the performance standards required by this Section shall be 
placed on a register of eligibles for original appointment to 
an affected fire department.
 Whenever an appointing authority authorizes action to hire 
a person to perform the duties of a firefighter or to hire a 
firefighter-paramedic to fill a position that is a new position 
or vacancy due to resignation, discharge, promotion, death, the 
granting of a disability or retirement pension, or any other 
cause, the appointing authority shall appoint to that position 
the person with the highest ranking on the final eligibility 
list. If the appointing authority has reason to conclude that 
the highest ranked person fails to meet the minimum standards 
for the position or if the appointing authority believes an 
alternate candidate would better serve the needs of the 
department, then the appointing authority has the right to pass 
over the highest ranked person and appoint either: (i) any 
person who has a ranking in the top 5% of the register of 
eligibles or (ii) any person who is among the top 5 highest 
ranked persons on the list of eligibles if the number of people 
who have a ranking in the top 5% of the register of eligibles 
is less than 5 people.
 Any candidate may pass on an appointment once without 
losing his or her position on the register of eligibles. Any 
candidate who passes a second time may be removed from the list 
by the appointing authority provided that such action shall not 
prejudice a person's opportunities to participate in future 
examinations, including an examination held during the time a 
candidate is already on the municipality's register of 
eligibles.
 The sole authority to issue certificates of appointment 
shall be vested in the Civil Service Commission. All 
certificates of appointment issued to any officer or member of 
an affected department shall be signed by the chairperson and 
secretary, respectively, of the commission upon appointment of 
such officer or member to the affected department by the 
commission. Each person who accepts a certificate of 
appointment and successfully completes his or her probationary 
period shall be enrolled as a firefighter and as a regular 
member of the fire department.
 For the purposes of this Section, "firefighter" means any 
person who has been prior to, on, or after the effective date 
of this amendatory Act of the 97th General Assembly appointed 
to a fire department or fire protection district or employed by 
a State university and sworn or commissioned to perform 
firefighter duties or paramedic duties, or both, except that 
the following persons are not included: part-time 
firefighters; auxiliary, reserve, or voluntary firefighters, 
including paid-on-call firefighters; clerks and dispatchers or 
other civilian employees of a fire department or fire 
protection district who are not routinely expected to perform 
firefighter duties; and elected officials.
 (c) Qualification for placement on register of eligibles. 
The purpose of establishing a register of eligibles is to 
identify applicants who possess and demonstrate the mental 
aptitude and physical ability to perform the duties required of 
members of the fire department in order to provide the highest 
quality of service to the public. To this end, all applicants 
for original appointment to an affected fire department shall 
be subject to examination and testing which shall be public, 
competitive, and open to all applicants unless the municipality 
shall by ordinance limit applicants to residents of the 
municipality, county or counties in which the municipality is 
located, State, or nation. Any examination and testing 
procedure utilized under subsection (e) of this Section shall 
be supported by appropriate validation evidence and shall 
comply with all applicable State state and federal laws. 
Municipalities may establish educational, emergency medical 
service licensure, and other pre-requisites for participation 
in an examination or for hire as a firefighter. Any 
municipality may charge a fee to cover the costs of the 
application process.
 Residency requirements in effect at the time an individual 
enters the fire service of a municipality cannot be made more 
restrictive for that individual during his or her period of 
service for that municipality, or be made a condition of 
promotion, except for the rank or position of fire chief and 
for no more than 2 positions that rank immediately below that 
of the chief rank which are appointed positions pursuant to the 
Fire Department Promotion Act.
 No person who is 35 years of age or older shall be eligible 
to take an examination for a position as a firefighter unless 
the person has had previous employment status as a firefighter 
in the regularly constituted fire department of the 
municipality, except as provided in this Section. The age 
limitation does not apply to:
  (1) any person previously employed as a full-time 
 firefighter in a regularly constituted fire department of 
 (i) any municipality or fire protection district located in 
 Illinois, (ii) a fire protection district whose 
 obligations were assumed by a municipality under Section 21 
 of the Fire Protection District Act, or (iii) a 
 municipality whose obligations were taken over by a fire 
 protection district, or
  (2) any person who has served a municipality as a 
 regularly enrolled volunteer, paid-on-call, or part-time 
 firefighter for the 5 years immediately preceding the time 
 that the municipality begins to use full-time firefighters 
 to provide all or part of its fire protection service, or .
  (3) any person 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, if separated from the 
 military, and is currently under the age of 40. 
 No person who is under 21 years of age shall be eligible 
for employment as a firefighter.
 No applicant shall be examined concerning his or her 
political or religious opinions or affiliations. The 
examinations shall be conducted by the commissioners of the 
municipality or their designees and agents.
 No municipality shall require that any firefighter 
appointed to the lowest rank serve a probationary employment 
period of longer than one year of actual active employment, 
which may exclude periods of training, or injury or illness 
leaves, including duty related leave, in excess of 30 calendar 
days. Notwithstanding anything to the contrary in this Section, 
the probationary employment period limitation may be extended 
for a firefighter who is required, as a condition of 
employment, to be a licensed paramedic, during which time the 
sole reason that a firefighter may be discharged without a 
hearing is for failing to meet the requirements for paramedic 
licensure.
 In the event that any applicant who has been found eligible 
for appointment and whose name has been placed upon the final 
eligibility register provided for in this Division 1 has not 
been appointed to a firefighter position within one year after 
the date of his or her physical ability examination, the 
commission may cause a second examination to be made of that 
applicant's physical ability prior to his or her appointment. 
If, after the second examination, the physical ability of the 
applicant shall be found to be less than the minimum standard 
fixed by the rules of the commission, the applicant shall not 
be appointed. The applicant's name may be retained upon the 
register of candidates eligible for appointment and when next 
reached for certification and appointment that applicant may be 
again examined as provided in this Section, and if the physical 
ability of that applicant is found to be less than the minimum 
standard fixed by the rules of the commission, the applicant 
shall not be appointed, and the name of the applicant shall be 
removed from the register.
 (d) Notice, examination, and testing components. Notice of 
the time, place, general scope, merit criteria for any 
subjective component, and fee of every examination shall be 
given by the commission, by a publication at least 2 weeks 
preceding the examination: (i) in one or more newspapers 
published in the municipality, or if no newspaper is published 
therein, then in one or more newspapers with a general 
circulation within the municipality, or (ii) on the 
municipality's Internet website. Additional notice of the 
examination may be given as the commission shall prescribe.
 The examination and qualifying standards for employment of 
firefighters shall be based on: mental aptitude, physical 
ability, preferences, moral character, and health. The mental 
aptitude, physical ability, and preference components shall 
determine an applicant's qualification for and placement on the 
final register of eligibles. The examination may also include a 
subjective component based on merit criteria as determined by 
the commission. Scores from the examination must be made 
available to the public.
 (e) Mental aptitude. No person who does not possess at 
least a high school diploma or an equivalent high school 
education shall be placed on a register of eligibles. 
Examination of an applicant's mental aptitude shall be based 
upon a written examination. The examination shall be practical 
in character and relate to those matters that fairly test the 
capacity of the persons examined to discharge the duties 
performed by members of a fire department. Written examinations 
shall be administered in a manner that ensures the security and 
accuracy of the scores achieved.
 (f) Physical ability. All candidates shall be required to 
undergo an examination of their physical ability to perform the 
essential functions included in the duties they may be called 
upon to perform as a member of a fire department. For the 
purposes of this Section, essential functions of the job are 
functions associated with duties that a firefighter may be 
called upon to perform in response to emergency calls. The 
frequency of the occurrence of those duties as part of the fire 
department's regular routine shall not be a controlling factor 
in the design of examination criteria or evolutions selected 
for testing. These physical examinations shall be open, 
competitive, and based on industry standards designed to test 
each applicant's physical abilities in the following 
dimensions:
  (1) Muscular strength to perform tasks and evolutions 
 that may be required in the performance of duties including 
 grip strength, leg strength, and arm strength. Tests shall 
 be conducted under anaerobic as well as aerobic conditions 
 to test both the candidate's speed and endurance in 
 performing tasks and evolutions. Tasks tested may be based 
 on standards developed, or approved, by the local 
 appointing authority.
  (2) The ability to climb ladders, operate from heights, 
 walk or crawl in the dark along narrow and uneven surfaces, 
 and operate in proximity to hazardous environments.
  (3) The ability to carry out critical, time-sensitive, 
 and complex problem solving during physical exertion in 
 stressful and hazardous environments. The testing 
 environment may be hot and dark with tightly enclosed 
 spaces, flashing lights, sirens, and other distractions.
 The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests 
approved by the Joint Labor-Management Committee of the Office 
of the State Fire Marshal.
 Physical ability examinations administered under this 
Section shall be conducted with a reasonable number of proctors 
and monitors, open to the public, and subject to reasonable 
regulations of the commission.
 (g) Scoring of examination components. Appointing 
authorities may create a preliminary eligibility register. A 
person shall be placed on the list based upon his or her 
passage of the written examination or the passage of the 
written examination and the physical ability component. 
Passage of the written examination means attaining the minimum 
score set by the commission. Minimum scores should be set by 
the commission so as to demonstrate a candidate's ability to 
perform the essential functions of the job. The minimum score 
set by the commission shall be supported by appropriate 
validation evidence and shall comply with all applicable State 
state and federal laws. The appointing authority may conduct 
the physical ability component and any subjective components 
subsequent to the posting of the preliminary eligibility 
register.
 The examination components for an initial eligibility 
register shall be graded on a 100-point scale. A person's 
position on the list shall be determined by the following: (i)

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

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

(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 
97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. 
8-15-14; revised 10-2-14.)

 (65 ILCS 5/10-2.1-6.3)
 Sec. 10-2.1-6.3. Original appointments; full-time fire 
department.
 (a) Applicability. Unless a commission elects to follow the 
provisions of Section 10-2.1-6.4, this Section shall apply to 
all original appointments to an affected full-time fire 
department. Existing registers of eligibles shall continue to 
be valid until their expiration dates, or up to a maximum of 2 
years after the effective date of this amendatory Act of the 
97th General Assembly.
 Notwithstanding any statute, ordinance, rule, or other law 
to the contrary, all original appointments to an affected 
department to which this Section applies shall be administered 
in the manner provided for in this Section. Provisions of the 
Illinois Municipal Code, municipal ordinances, and rules 
adopted pursuant to such authority and other laws relating to 
initial hiring of firefighters in affected departments shall 
continue to apply to the extent they are compatible with this 
Section, but in the event of a conflict between this Section 
and any other law, this Section shall control.
 A home rule or non-home rule municipality may not 
administer its fire department process for original 
appointments in a manner that is less stringent than this 
Section. This Section is a limitation under subsection (i) of 
Section 6 of Article VII of the Illinois Constitution on the 
concurrent exercise by home rule units of the powers and 
functions exercised by the State.
 A municipality that is operating under a court order or 
consent decree regarding original appointments to a full-time 
fire department before the effective date of this amendatory 
Act of the 97th General Assembly is exempt from the 
requirements of this Section for the duration of the court 
order or consent decree.
 Notwithstanding any other provision of this subsection 
(a), this Section does not apply to a municipality with more 
than 1,000,000 inhabitants. 
 (b) Original appointments. All original appointments made 
to an affected fire department shall be made from a register of 
eligibles established in accordance with the processes 
established by this Section. Only persons who meet or exceed 
the performance standards required by this Section shall be 
placed on a register of eligibles for original appointment to 
an affected fire department.
 Whenever an appointing authority authorizes action to hire 
a person to perform the duties of a firefighter or to hire a 
firefighter-paramedic to fill a position that is a new position 
or vacancy due to resignation, discharge, promotion, death, the 
granting of a disability or retirement pension, or any other 
cause, the appointing authority shall appoint to that position 
the person with the highest ranking on the final eligibility 
list. If the appointing authority has reason to conclude that 
the highest ranked person fails to meet the minimum standards 
for the position or if the appointing authority believes an 
alternate candidate would better serve the needs of the 
department, then the appointing authority has the right to pass 
over the highest ranked person and appoint either: (i) any 
person who has a ranking in the top 5% of the register of 
eligibles or (ii) any person who is among the top 5 highest 
ranked persons on the list of eligibles if the number of people 
who have a ranking in the top 5% of the register of eligibles 
is less than 5 people.
 Any candidate may pass on an appointment once without 
losing his or her position on the register of eligibles. Any 
candidate who passes a second time may be removed from the list 
by the appointing authority provided that such action shall not 
prejudice a person's opportunities to participate in future 
examinations, including an examination held during the time a 
candidate is already on the municipality's register of 
eligibles.
 The sole authority to issue certificates of appointment 
shall be vested in the board of fire and police commissioners. 
All certificates of appointment issued to any officer or member 
of an affected department shall be signed by the chairperson 
and secretary, respectively, of the board upon appointment of 
such officer or member to the affected department by action of 
the board. Each person who accepts a certificate of appointment 
and successfully completes his or her probationary period shall 
be enrolled as a firefighter and as a regular member of the 
fire department.
 For the purposes of this Section, "firefighter" means any 
person who has been prior to, on, or after the effective date 
of this amendatory Act of the 97th General Assembly appointed 
to a fire department or fire protection district or employed by 
a State university and sworn or commissioned to perform 
firefighter duties or paramedic duties, or both, except that 
the following persons are not included: part-time 
firefighters; auxiliary, reserve, or voluntary firefighters, 
including paid-on-call firefighters; clerks and dispatchers or 
other civilian employees of a fire department or fire 
protection district who are not routinely expected to perform 
firefighter duties; and elected officials.
 (c) Qualification for placement on register of eligibles. 
The purpose of establishing a register of eligibles is to 
identify applicants who possess and demonstrate the mental 
aptitude and physical ability to perform the duties required of 
members of the fire department in order to provide the highest 
quality of service to the public. To this end, all applicants 
for original appointment to an affected fire department shall 
be subject to examination and testing which shall be public, 
competitive, and open to all applicants unless the municipality 
shall by ordinance limit applicants to residents of the 
municipality, county or counties in which the municipality is 
located, State, or nation. Any examination and testing 
procedure utilized under subsection (e) of this Section shall 
be supported by appropriate validation evidence and shall 
comply with all applicable State state and federal laws. 
Municipalities may establish educational, emergency medical 
service licensure, and other pre-requisites for participation 
in an examination or for hire as a firefighter. Any 
municipality may charge a fee to cover the costs of the 
application process.
 Residency requirements in effect at the time an individual 
enters the fire service of a municipality cannot be made more 
restrictive for that individual during his or her period of 
service for that municipality, or be made a condition of 
promotion, except for the rank or position of fire chief and 
for no more than 2 positions that rank immediately below that 
of the chief rank which are appointed positions pursuant to the 
Fire Department Promotion Act.
 No person who is 35 years of age or older shall be eligible 
to take an examination for a position as a firefighter unless 
the person has had previous employment status as a firefighter 
in the regularly constituted fire department of the 
municipality, except as provided in this Section. The age 
limitation does not apply to:
  (1) any person previously employed as a full-time 
 firefighter in a regularly constituted fire department of 
 (i) any municipality or fire protection district located in 
 Illinois, (ii) a fire protection district whose 
 obligations were assumed by a municipality under Section 21 
 of the Fire Protection District Act, or (iii) a 
 municipality whose obligations were taken over by a fire 
 protection district, or
  (2) any person who has served a municipality as a 
 regularly enrolled volunteer, paid-on-call, or part-time 
 firefighter for the 5 years immediately preceding the time 
 that the municipality begins to use full-time firefighters 
 to provide all or part of its fire protection service, or .
  (3) any person 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, if separated from the 
 military, and is currently under the age of 40. 
 No person who is under 21 years of age shall be eligible 
for employment as a firefighter.
 No applicant shall be examined concerning his or her 
political or religious opinions or affiliations. The 
examinations shall be conducted by the commissioners of the 
municipality or their designees and agents.
 No municipality shall require that any firefighter 
appointed to the lowest rank serve a probationary employment 
period of longer than one year of actual active employment, 
which may exclude periods of training, or injury or illness 
leaves, including duty related leave, in excess of 30 calendar 
days. Notwithstanding anything to the contrary in this Section, 
the probationary employment period limitation may be extended 
for a firefighter who is required, as a condition of 
employment, to be a licensed paramedic, during which time the 
sole reason that a firefighter may be discharged without a 
hearing is for failing to meet the requirements for paramedic 
licensure.
 In the event that any applicant who has been found eligible 
for appointment and whose name has been placed upon the final 
eligibility register provided for in this Section has not been 
appointed to a firefighter position within one year after the 
date of his or her physical ability examination, the commission 
may cause a second examination to be made of that applicant's 
physical ability prior to his or her appointment. If, after the 
second examination, the physical ability of the applicant shall 
be found to be less than the minimum standard fixed by the 
rules of the commission, the applicant shall not be appointed. 
The applicant's name may be retained upon the register of 
candidates eligible for appointment and when next reached for 
certification and appointment that applicant may be again 
examined as provided in this Section, and if the physical 
ability of that applicant is found to be less than the minimum 
standard fixed by the rules of the commission, the applicant 
shall not be appointed, and the name of the applicant shall be 
removed from the register.
 (d) Notice, examination, and testing components. Notice of 
the time, place, general scope, merit criteria for any 
subjective component, and fee of every examination shall be 
given by the commission, by a publication at least 2 weeks 
preceding the examination: (i) in one or more newspapers 
published in the municipality, or if no newspaper is published 
therein, then in one or more newspapers with a general 
circulation within the municipality, or (ii) on the 
municipality's Internet website. Additional notice of the 
examination may be given as the commission shall prescribe.
 The examination and qualifying standards for employment of 
firefighters shall be based on: mental aptitude, physical 
ability, preferences, moral character, and health. The mental 
aptitude, physical ability, and preference components shall 
determine an applicant's qualification for and placement on the 
final register of eligibles. The examination may also include a 
subjective component based on merit criteria as determined by 
the commission. Scores from the examination must be made 
available to the public.
 (e) Mental aptitude. No person who does not possess at 
least a high school diploma or an equivalent high school 
education shall be placed on a register of eligibles. 
Examination of an applicant's mental aptitude shall be based 
upon a written examination. The examination shall be practical 
in character and relate to those matters that fairly test the 
capacity of the persons examined to discharge the duties 
performed by members of a fire department. Written examinations 
shall be administered in a manner that ensures the security and 
accuracy of the scores achieved.
 (f) Physical ability. All candidates shall be required to 
undergo an examination of their physical ability to perform the 
essential functions included in the duties they may be called 
upon to perform as a member of a fire department. For the 
purposes of this Section, essential functions of the job are 
functions associated with duties that a firefighter may be 
called upon to perform in response to emergency calls. The 
frequency of the occurrence of those duties as part of the fire 
department's regular routine shall not be a controlling factor 
in the design of examination criteria or evolutions selected 
for testing. These physical examinations shall be open, 
competitive, and based on industry standards designed to test 
each applicant's physical abilities in the following 
dimensions:
  (1) Muscular strength to perform tasks and evolutions 
 that may be required in the performance of duties including 
 grip strength, leg strength, and arm strength. Tests shall 
 be conducted under anaerobic as well as aerobic conditions 
 to test both the candidate's speed and endurance in 
 performing tasks and evolutions. Tasks tested may be based 
 on standards developed, or approved, by the local 
 appointing authority.
  (2) The ability to climb ladders, operate from heights, 
 walk or crawl in the dark along narrow and uneven surfaces, 
 and operate in proximity to hazardous environments.
  (3) The ability to carry out critical, time-sensitive, 
 and complex problem solving during physical exertion in 
 stressful and hazardous environments. The testing 
 environment may be hot and dark with tightly enclosed 
 spaces, flashing lights, sirens, and other distractions.
 The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests 
approved by the Joint Labor-Management Committee of the Office 
of the State Fire Marshal. 
 Physical ability examinations administered under this 
Section shall be conducted with a reasonable number of proctors 
and monitors, open to the public, and subject to reasonable 
regulations of the commission.
 (g) Scoring of examination components. Appointing 
authorities may create a preliminary eligibility register. A 
person shall be placed on the list based upon his or her 
passage of the written examination or the passage of the 
written examination and the physical ability component. 
Passage of the written examination means attaining the minimum 
score set by the commission. Minimum scores should be set by 
the commission so as to demonstrate a candidate's ability to 
perform the essential functions of the job. The minimum score 
set by the commission shall be supported by appropriate 
validation evidence and shall comply with all applicable State 
state and federal laws. The appointing authority may conduct 
the physical ability component and any subjective components 
subsequent to the posting of the preliminary eligibility 
register.
 The examination components for an initial eligibility 
register shall be graded on a 100-point scale. A person's 
position on the list shall be determined by the following: (i)

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

successfully passing the physical ability component, and (iii) 
the
person's results on any subjective component as described 
in
subsection (d). 
 In order to qualify for placement on the final eligibility 
register, an applicant's score on the written examination, 
before any applicable preference points or subjective points 
are applied, shall be at or above the minimum score as set by 
the commission. The local appointing authority may prescribe 
the score to qualify for placement on the final eligibility 
register, but the score shall not be less than the minimum 
score set by the commission.
 The commission shall prepare and keep a register of persons 
whose total score is not less than the minimum score for 
passage and who have passed the physical ability examination. 
These persons shall take rank upon the register as candidates 
in the order of their relative excellence based on the highest 
to the lowest total points scored on the mental aptitude, 
subjective component, and preference components of the test 
administered in accordance with this Section. No more than 60 
days after each examination, an initial eligibility list shall 
be posted by the commission. The list shall include the final 
grades of the candidates without reference to priority of the 
time of examination and subject to claim for preference credit.
 Commissions may conduct additional examinations, including 
without limitation a polygraph test, after a final eligibility 
register is established and before it expires with the 
candidates ranked by total score without regard to date of 
examination. No more than 60 days after each examination, an 
initial eligibility list shall be posted by the commission 
showing the final grades of the candidates without reference to 
priority of time of examination and subject to claim for 
preference credit.
 (h) Preferences. The following are preferences:
  (1) Veteran preference. Persons who were engaged in the 
 military service of the United States for a period of at 
 least one year of active duty and who were honorably 
 discharged therefrom, or who are now or have been members 
 on inactive or reserve duty in such military or naval 
 service, shall be preferred for appointment to and 
 employment with the fire department of an affected 
 department.
  (2) Fire cadet preference. Persons who have 
 successfully completed 2 years of study in fire techniques 
 or cadet training within a cadet program established under 
 the rules of the Joint Labor and Management Committee 
 (JLMC), as defined in Section 50 of the Fire Department 
 Promotion Act, may be preferred for appointment to and 
 employment with the fire department.
  (3) Educational preference. Persons who have 
 successfully obtained an associate's degree in the field of 
 fire service or emergency medical services, or a bachelor's 
 degree from an accredited college or university may be 
 preferred for appointment to and employment with the fire 
 department.
  (4) Paramedic preference. Persons who have obtained a 
 license as a paramedic shall be preferred for appointment 
 to and employment with the fire department of an affected 
 department providing emergency medical services.
  (5) Experience preference. All persons employed by a 
 municipality who have been paid-on-call or part-time 
 certified Firefighter II, State of Illinois or nationally 
 licensed EMT, EMT-I, A-EMT, or any combination of those 
 capacities shall be awarded 0.5 point for each year of 
 successful service in one or more of those capacities, up 
 to a maximum of 5 points. Certified Firefighter III and 
 State of Illinois or nationally licensed paramedics shall 
 be awarded one point per year up to a maximum of 5 points. 
 Applicants from outside the municipality who were employed 
 as full-time firefighters or firefighter-paramedics by a 
 fire protection district or another municipality for at 
 least 2 years shall be awarded 5 experience preference 
 points. These additional points presuppose a rating scale 
 totaling 100 points available for the eligibility list. If 
 more or fewer points are used in the rating scale for the 
 eligibility list, the points awarded under this subsection 
 shall be increased or decreased by a factor equal to the 
 total possible points available for the examination 
 divided by 100.
  Upon request by the commission, the governing body of 
 the municipality or in the case of applicants from outside 
 the municipality the governing body of any fire protection 
 district or any other municipality shall certify to the 
 commission, within 10 days after the request, the number of 
 years of successful paid-on-call, part-time, or full-time 
 service of any person. A candidate may not receive the full 
 amount of preference points under this subsection if the 
 amount of points awarded would place the candidate before a 
 veteran on the eligibility list. If more than one candidate 
 receiving experience preference points is prevented from 
 receiving all of their points due to not being allowed to 
 pass a veteran, the candidates shall be placed on the list 
 below the veteran in rank order based on the totals 
 received if all points under this subsection were to be 
 awarded. Any remaining ties on the list shall be determined 
 by lot. 
  (6) Residency preference. Applicants whose principal 
 residence is located within the fire department's 
 jurisdiction shall be preferred for appointment to and 
 employment with the fire department.
  (7) Additional preferences. Up to 5 additional 
 preference points may be awarded for unique categories 
 based on an applicant's experience or background as 
 identified by the commission.
  (8) Scoring of preferences. The commission shall give 
 preference for original appointment
to persons designated 
 in item (1)
by adding to the final grade that they receive 
 5 points
for the recognized preference achieved. The 
 commission shall determine the number of preference points 
 for each category except (1). The number of preference 
 points for each category shall range from 0 to 5. In 
 determining the number of preference points, the 
 commission shall prescribe that if a candidate earns the 
 maximum number of preference points in all categories, that 
 number may not be less than 10 nor more than 30. The 
 commission shall give preference for original appointment 
 to persons designated in items (2) through (7) by adding 
 the requisite number of points to the final grade for each 
 recognized preference achieved. The numerical result thus 
 attained shall be applied by the commission in determining 
 the final eligibility list and appointment from the 
 eligibility list. The local appointing authority may 
 prescribe the total number of preference points awarded 
 under this Section, but the total number of preference 
 points shall not be less than 10 points or more than 30 
 points.
 No person entitled to any preference shall be required to 
claim the credit before any examination held under the 
provisions of this Section, but the preference shall be given 
after the posting or publication of the initial eligibility 
list or register at the request of a person entitled to a 
credit before any certification or appointments are made from 
the eligibility register, upon the furnishing of verifiable 
evidence and proof of qualifying preference credit. Candidates 
who are eligible for preference credit shall make a claim in 
writing within 10 days after the posting of the initial 
eligibility list, or the claim shall be deemed waived. Final 
eligibility registers shall be established after the awarding 
of verified preference points. All employment shall be subject 
to the commission's initial hire background review including, 
but not limited to, criminal history, employment history, moral 
character, oral examination, and medical and psychological 
examinations, all on a pass-fail basis. The medical and 
psychological examinations must be conducted last, and may only 
be performed after a conditional offer of employment has been 
extended.
 Any person placed on an eligibility list who exceeds the 
age requirement before being appointed to a fire department 
shall remain eligible for appointment until the list is 
abolished, or his or her name has been on the list for a period 
of 2 years. No person who has attained the age of 35 years 
shall be inducted into a fire department, except as otherwise 
provided in this Section.
 The commission shall strike off the names of candidates for 
original appointment after the names have been on the list for 
more than 2 years.
 (i) Moral character. No person shall be appointed to a fire 
department unless he or she is a person of good character; not 
a habitual drunkard, a gambler, or a person who has been 
convicted of a felony or a crime involving moral turpitude. 
However, no person shall be disqualified from appointment to 
the fire department because of the person's record of 
misdemeanor convictions except those under Sections 11-6, 
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections 
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the 
Criminal Code of 2012, or arrest for any cause without 
conviction thereon. Any such person who is in the department 
may be removed on charges brought for violating this subsection 
and after a trial as hereinafter provided.
 A classifiable set of the fingerprints of every person who 
is offered employment as a certificated member of an affected 
fire department whether with or without compensation, shall be 
furnished to the Illinois Department of State Police and to the 
Federal Bureau of Investigation by the commission.
 Whenever a commission is authorized or required by law to 
consider some aspect of criminal history record information for 
the purpose of carrying out its statutory powers and 
responsibilities, then, upon request and payment of fees in 
conformance with the requirements of Section 2605-400 of the 
State Police Law of the Civil Administrative Code of Illinois, 
the Department of State Police is authorized to furnish, 
pursuant to positive identification, the information contained 
in State files as is necessary to fulfill the request.
 (j) Temporary appointments. In order to prevent a stoppage 
of public business, to meet extraordinary exigencies, or to 
prevent material impairment of the fire department, the 
commission may make temporary appointments, to remain in force 
only until regular appointments are made under the provisions 
of this Division, but never to exceed 60 days. No temporary 
appointment of any one person shall be made more than twice in 
any calendar year.
 (k) A person who knowingly divulges or receives test 
questions or answers before a written examination, or otherwise 
knowingly violates or subverts any requirement of this Section, 
commits a violation of this Section and may be subject to 
charges for official misconduct.
 A person who is the knowing recipient of test information 
in advance of the examination shall be disqualified from the 
examination or discharged from the position to which he or she 
was appointed, as applicable, and otherwise subjected to 
disciplinary actions.

(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 
97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. 
8-15-14, revised 10-2-14.)


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