HB3203 Enrolled LRB099 08813 AWJ 28984 b
1		AN ACT concerning local government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Municipal Code is amended by
5		changing Sections 10-1-7.1 and 10-2.1-6.3 as follows:
6		(65 ILCS 5/10-1-7.1)
7		Sec. 10-1-7.1. Original appointments; full-time fire
8		department.
9		(a) Applicability. Unless a commission elects to follow the
10		provisions of Section 10-1-7.2, this Section shall apply to all
11		original appointments to an affected full-time fire
12		department. Existing registers of eligibles shall continue to
13		be valid until their expiration dates, or up to a maximum of 2
14		years after the effective date of this amendatory Act of the
15		97th General Assembly.
16		Notwithstanding any statute, ordinance, rule, or other law
17		to the contrary, all original appointments to an affected
18		department to which this Section applies shall be administered
19		in the manner provided for in this Section. Provisions of the
20		Illinois Municipal Code, municipal ordinances, and rules
21		adopted pursuant to such authority and other laws relating to
22		initial hiring of firefighters in affected departments shall
23		continue to apply to the extent they are compatible with this

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1		Section, but in the event of a conflict between this Section
2		and any other law, this Section shall control.
3		A home rule or non-home rule municipality may not
4		administer its fire department process for original
5		appointments in a manner that is less stringent than this
6		Section. This Section is a limitation under subsection (i) of
7		Section 6 of Article VII of the Illinois Constitution on the
8		concurrent exercise by home rule units of the powers and
9		functions exercised by the State.
10		A municipality that is operating under a court order or
11		consent decree regarding original appointments to a full-time
12		fire department before the effective date of this amendatory
13		Act of the 97th General Assembly is exempt from the
14		requirements of this Section for the duration of the court
15		order or consent decree.
16		Notwithstanding any other provision of this subsection
17		(a), this Section does not apply to a municipality with more
18		than 1,000,000 inhabitants.
19		(b) Original appointments. All original appointments made
20		to an affected fire department shall be made from a register of
21		eligibles established in accordance with the processes
22		established by this Section. Only persons who meet or exceed
23		the performance standards required by this Section shall be
24		placed on a register of eligibles for original appointment to
25		an affected fire department.
26		Whenever an appointing authority authorizes action to hire

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1		a person to perform the duties of a firefighter or to hire a
2		firefighter-paramedic to fill a position that is a new position
3		or vacancy due to resignation, discharge, promotion, death, the
4		granting of a disability or retirement pension, or any other
5		cause, the appointing authority shall appoint to that position
6		the person with the highest ranking on the final eligibility
7		list. If the appointing authority has reason to conclude that
8		the highest ranked person fails to meet the minimum standards
9		for the position or if the appointing authority believes an
10		alternate candidate would better serve the needs of the
11		department, then the appointing authority has the right to pass
12		over the highest ranked person and appoint either: (i) any
13		person who has a ranking in the top 5% of the register of
14		eligibles or (ii) any person who is among the top 5 highest
15		ranked persons on the list of eligibles if the number of people
16		who have a ranking in the top 5% of the register of eligibles
17		is less than 5 people.
18		Any candidate may pass on an appointment once without
19		losing his or her position on the register of eligibles. Any
20		candidate who passes a second time may be removed from the list
21		by the appointing authority provided that such action shall not
22		prejudice a person's opportunities to participate in future
23		examinations, including an examination held during the time a
24		candidate is already on the municipality's register of
25		eligibles.
26		The sole authority to issue certificates of appointment

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1		shall be vested in the Civil Service Commission. All
2		certificates of appointment issued to any officer or member of
3		an affected department shall be signed by the chairperson and
4		secretary, respectively, of the commission upon appointment of
5		such officer or member to the affected department by the
6		commission. Each person who accepts a certificate of
7		appointment and successfully completes his or her probationary
8		period shall be enrolled as a firefighter and as a regular
9		member of the fire department.
10		For the purposes of this Section, "firefighter" means any
11		person who has been prior to, on, or after the effective date
12		of this amendatory Act of the 97th General Assembly appointed
13		to a fire department or fire protection district or employed by
14		a State university and sworn or commissioned to perform
15		firefighter duties or paramedic duties, or both, except that
16		the following persons are not included: part-time
17		firefighters; auxiliary, reserve, or voluntary firefighters,
18		including paid-on-call firefighters; clerks and dispatchers or
19		other civilian employees of a fire department or fire
20		protection district who are not routinely expected to perform
21		firefighter duties; and elected officials.
22		(c) Qualification for placement on register of eligibles.
23		The purpose of establishing a register of eligibles is to
24		identify applicants who possess and demonstrate the mental
25		aptitude and physical ability to perform the duties required of
26		members of the fire department in order to provide the highest

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1		quality of service to the public. To this end, all applicants
2		for original appointment to an affected fire department shall
3		be subject to examination and testing which shall be public,
4		competitive, and open to all applicants unless the municipality
5		shall by ordinance limit applicants to residents of the
6		municipality, county or counties in which the municipality is
7		located, State, or nation. Any examination and testing
8		procedure utilized under subsection (e) of this Section shall
9		be supported by appropriate validation evidence and shall
10		comply with all applicable State state and federal laws.
11		Municipalities may establish educational, emergency medical
12		service licensure, and other pre-requisites for participation
13		in an examination or for hire as a firefighter. Any
14		municipality may charge a fee to cover the costs of the
15		application process.
16		Residency requirements in effect at the time an individual
17		enters the fire service of a municipality cannot be made more
18		restrictive for that individual during his or her period of
19		service for that municipality, or be made a condition of
20		promotion, except for the rank or position of fire chief and
21		for no more than 2 positions that rank immediately below that
22		of the chief rank which are appointed positions pursuant to the
23		Fire Department Promotion Act.
24		No person who is 35 years of age or older shall be eligible
25		to take an examination for a position as a firefighter unless
26		the person has had previous employment status as a firefighter

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1		in the regularly constituted fire department of the
2		municipality, except as provided in this Section. The age
3		limitation does not apply to:
4		(1) any person previously employed as a full-time
5		firefighter in a regularly constituted fire department of
6		(i) any municipality or fire protection district located in
7		Illinois, (ii) a fire protection district whose
8		obligations were assumed by a municipality under Section 21
9		of the Fire Protection District Act, or (iii) a
10		municipality whose obligations were taken over by a fire
11		protection district, or
12		(2) any person who has served a municipality as a
13		regularly enrolled volunteer, paid-on-call, or part-time
14		firefighter for the 5 years immediately preceding the time
15		that the municipality begins to use full-time firefighters
16		to provide all or part of its fire protection service, or .
17		(3) any person who turned 35 while serving as a member
18		of the active or reserve components of any of the branches
19		of the Armed Forces of the United States or the National
20		Guard of any state, whose service was characterized as
21		honorable or under honorable, if separated from the
22		military, and is currently under the age of 40.
23		No person who is under 21 years of age shall be eligible
24		for employment as a firefighter.
25		No applicant shall be examined concerning his or her
26		political or religious opinions or affiliations. The

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1		examinations shall be conducted by the commissioners of the
2		municipality or their designees and agents.
3		No municipality shall require that any firefighter
4		appointed to the lowest rank serve a probationary employment
5		period of longer than one year of actual active employment,
6		which may exclude periods of training, or injury or illness
7		leaves, including duty related leave, in excess of 30 calendar
8		days. Notwithstanding anything to the contrary in this Section,
9		the probationary employment period limitation may be extended
10		for a firefighter who is required, as a condition of
11		employment, to be a licensed paramedic, during which time the
12		sole reason that a firefighter may be discharged without a
13		hearing is for failing to meet the requirements for paramedic
14		licensure.
15		In the event that any applicant who has been found eligible
16		for appointment and whose name has been placed upon the final
17		eligibility register provided for in this Division 1 has not
18		been appointed to a firefighter position within one year after
19		the date of his or her physical ability examination, the
20		commission may cause a second examination to be made of that
21		applicant's physical ability prior to his or her appointment.
22		If, after the second examination, the physical ability of the
23		applicant shall be found to be less than the minimum standard
24		fixed by the rules of the commission, the applicant shall not
25		be appointed. The applicant's name may be retained upon the
26		register of candidates eligible for appointment and when next

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1		reached for certification and appointment that applicant may be
2		again examined as provided in this Section, and if the physical
3		ability of that applicant is found to be less than the minimum
4		standard fixed by the rules of the commission, the applicant
5		shall not be appointed, and the name of the applicant shall be
6		removed from the register.
7		(d) Notice, examination, and testing components. Notice of
8		the time, place, general scope, merit criteria for any
9		subjective component, and fee of every examination shall be
10		given by the commission, by a publication at least 2 weeks
11		preceding the examination: (i) in one or more newspapers
12		published in the municipality, or if no newspaper is published
13		therein, then in one or more newspapers with a general
14		circulation within the municipality, or (ii) on the
15		municipality's Internet website. Additional notice of the
16		examination may be given as the commission shall prescribe.
17		The examination and qualifying standards for employment of
18		firefighters shall be based on: mental aptitude, physical
19		ability, preferences, moral character, and health. The mental
20		aptitude, physical ability, and preference components shall
21		determine an applicant's qualification for and placement on the
22		final register of eligibles. The examination may also include a
23		subjective component based on merit criteria as determined by
24		the commission. Scores from the examination must be made
25		available to the public.
26		(e) Mental aptitude. No person who does not possess at

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1		least a high school diploma or an equivalent high school
2		education shall be placed on a register of eligibles.
3		Examination of an applicant's mental aptitude shall be based
4		upon a written examination. The examination shall be practical
5		in character and relate to those matters that fairly test the
6		capacity of the persons examined to discharge the duties
7		performed by members of a fire department. Written examinations
8		shall be administered in a manner that ensures the security and
9		accuracy of the scores achieved.
10		(f) Physical ability. All candidates shall be required to
11		undergo an examination of their physical ability to perform the
12		essential functions included in the duties they may be called
13		upon to perform as a member of a fire department. For the
14		purposes of this Section, essential functions of the job are
15		functions associated with duties that a firefighter may be
16		called upon to perform in response to emergency calls. The
17		frequency of the occurrence of those duties as part of the fire
18		department's regular routine shall not be a controlling factor
19		in the design of examination criteria or evolutions selected
20		for testing. These physical examinations shall be open,
21		competitive, and based on industry standards designed to test
22		each applicant's physical abilities in the following
23		dimensions:
24		(1) Muscular strength to perform tasks and evolutions
25		that may be required in the performance of duties including
26		grip strength, leg strength, and arm strength. Tests shall

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1		be conducted under anaerobic as well as aerobic conditions
2		to test both the candidate's speed and endurance in
3		performing tasks and evolutions. Tasks tested may be based
4		on standards developed, or approved, by the local
5		appointing authority.
6		(2) The ability to climb ladders, operate from heights,
7		walk or crawl in the dark along narrow and uneven surfaces,
8		and operate in proximity to hazardous environments.
9		(3) The ability to carry out critical, time-sensitive,
10		and complex problem solving during physical exertion in
11		stressful and hazardous environments. The testing
12		environment may be hot and dark with tightly enclosed
13		spaces, flashing lights, sirens, and other distractions.
14		The tests utilized to measure each applicant's
15		capabilities in each of these dimensions may be tests based on
16		industry standards currently in use or equivalent tests
17		approved by the Joint Labor-Management Committee of the Office
18		of the State Fire Marshal.
19		Physical ability examinations administered under this
20		Section shall be conducted with a reasonable number of proctors
21		and monitors, open to the public, and subject to reasonable
22		regulations of the commission.
23		(g) Scoring of examination components. Appointing
24		authorities may create a preliminary eligibility register. A
25		person shall be placed on the list based upon his or her
26		passage of the written examination or the passage of the

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1		written examination and the physical ability component.
2		Passage of the written examination means attaining the minimum
3		score set by the commission. Minimum scores should be set by
4		the commission so as to demonstrate a candidate's ability to
5		perform the essential functions of the job. The minimum score
6		set by the commission shall be supported by appropriate
7		validation evidence and shall comply with all applicable State
8		state and federal laws. The appointing authority may conduct
9		the physical ability component and any subjective components
10		subsequent to the posting of the preliminary eligibility
11		register.
12		The examination components for an initial eligibility
13		register shall be graded on a 100-point scale. A person's
14		position on the list shall be determined by the following: (i)
15		the person's score on the written examination, (ii) the person
16		successfully passing the physical ability component, and (iii)
17		the person's results on any subjective component as described
18		in subsection (d).
19		In order to qualify for placement on the final eligibility
20		register, an applicant's score on the written examination,
21		before any applicable preference points or subjective points
22		are applied, shall be at or above the minimum score set by the
23		commission. The local appointing authority may prescribe the
24		score to qualify for placement on the final eligibility
25		register, but the score shall not be less than the minimum
26		score set by the commission.

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1		The commission shall prepare and keep a register of persons
2		whose total score is not less than the minimum score for
3		passage and who have passed the physical ability examination.
4		These persons shall take rank upon the register as candidates
5		in the order of their relative excellence based on the highest
6		to the lowest total points scored on the mental aptitude,
7		subjective component, and preference components of the test
8		administered in accordance with this Section. No more than 60
9		days after each examination, an initial eligibility list shall
10		be posted by the commission. The list shall include the final
11		grades of the candidates without reference to priority of the
12		time of examination and subject to claim for preference credit.
13		Commissions may conduct additional examinations, including
14		without limitation a polygraph test, after a final eligibility
15		register is established and before it expires with the
16		candidates ranked by total score without regard to date of
17		examination. No more than 60 days after each examination, an
18		initial eligibility list shall be posted by the commission
19		showing the final grades of the candidates without reference to
20		priority of time of examination and subject to claim for
21		preference credit.
22		(h) Preferences. The following are preferences:
23		(1) Veteran preference. Persons who were engaged in the
24		military service of the United States for a period of at
25		least one year of active duty and who were honorably
26		discharged therefrom, or who are now or have been members

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1		on inactive or reserve duty in such military or naval
2		service, shall be preferred for appointment to and
3		employment with the fire department of an affected
4		department.
5		(2) Fire cadet preference. Persons who have
6		successfully completed 2 years of study in fire techniques
7		or cadet training within a cadet program established under
8		the rules of the Joint Labor and Management Committee
9		(JLMC), as defined in Section 50 of the Fire Department
10		Promotion Act, may be preferred for appointment to and
11		employment with the fire department.
12		(3) Educational preference. Persons who have
13		successfully obtained an associate's degree in the field of
14		fire service or emergency medical services, or a bachelor's
15		degree from an accredited college or university may be
16		preferred for appointment to and employment with the fire
17		department.
18		(4) Paramedic preference. Persons who have obtained a
19		license as a paramedic may be preferred for appointment to
20		and employment with the fire department of an affected
21		department providing emergency medical services.
22		(5) Experience preference. All persons employed by a
23		municipality who have been paid-on-call or part-time
24		certified Firefighter II, certified Firefighter III, State
25		of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
26		paramedic, or any combination of those capacities may be

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1		awarded up to a maximum of 5 points. However, the applicant
2		may not be awarded more than 0.5 points for each complete
3		year of paid-on-call or part-time service. Applicants from
4		outside the municipality who were employed as full-time
5		firefighters or firefighter-paramedics by a fire
6		protection district or another municipality may be awarded
7		up to 5 experience preference points. However, the
8		applicant may not be awarded more than one point for each
9		complete year of full-time service.
10		Upon request by the commission, the governing body of
11		the municipality or in the case of applicants from outside
12		the municipality the governing body of any fire protection
13		district or any other municipality shall certify to the
14		commission, within 10 days after the request, the number of
15		years of successful paid-on-call, part-time, or full-time
16		service of any person. A candidate may not receive the full
17		amount of preference points under this subsection if the
18		amount of points awarded would place the candidate before a
19		veteran on the eligibility list. If more than one candidate
20		receiving experience preference points is prevented from
21		receiving all of their points due to not being allowed to
22		pass a veteran, the candidates shall be placed on the list
23		below the veteran in rank order based on the totals
24		received if all points under this subsection were to be
25		awarded. Any remaining ties on the list shall be determined
26		by lot.

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1		(6) Residency preference. Applicants whose principal
2		residence is located within the fire department's
3		jurisdiction may be preferred for appointment to and
4		employment with the fire department.
5		(7) Additional preferences. Up to 5 additional
6		preference points may be awarded for unique categories
7		based on an applicant's experience or background as
8		identified by the commission.
9		(8) Scoring of preferences. The commission shall give
10		preference for original appointment to persons designated
11		in item (1) by adding to the final grade that they receive
12		5 points for the recognized preference achieved. The
13		commission shall determine the number of preference points
14		for each category except (1). The number of preference
15		points for each category shall range from 0 to 5. In
16		determining the number of preference points, the
17		commission shall prescribe that if a candidate earns the
18		maximum number of preference points in all categories, that
19		number may not be less than 10 nor more than 30. The
20		commission shall give preference for original appointment
21		to persons designated in items (2) through (7) by adding
22		the requisite number of points to the final grade for each
23		recognized preference achieved. The numerical result thus
24		attained shall be applied by the commission in determining
25		the final eligibility list and appointment from the
26		eligibility list. The local appointing authority may

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1		prescribe the total number of preference points awarded
2		under this Section, but the total number of preference
3		points shall not be less than 10 points or more than 30
4		points.
5		No person entitled to any preference shall be required to
6		claim the credit before any examination held under the
7		provisions of this Section, but the preference shall be given
8		after the posting or publication of the initial eligibility
9		list or register at the request of a person entitled to a
10		credit before any certification or appointments are made from
11		the eligibility register, upon the furnishing of verifiable
12		evidence and proof of qualifying preference credit. Candidates
13		who are eligible for preference credit shall make a claim in
14		writing within 10 days after the posting of the initial
15		eligibility list, or the claim shall be deemed waived. Final
16		eligibility registers shall be established after the awarding
17		of verified preference points. All employment shall be subject
18		to the commission's initial hire background review including,
19		but not limited to, criminal history, employment history, moral
20		character, oral examination, and medical and psychological
21		examinations, all on a pass-fail basis. The medical and
22		psychological examinations must be conducted last, and may only
23		be performed after a conditional offer of employment has been
24		extended.
25		Any person placed on an eligibility list who exceeds the
26		age requirement before being appointed to a fire department

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1		shall remain eligible for appointment until the list is
2		abolished, or his or her name has been on the list for a period
3		of 2 years. No person who has attained the age of 35 years
4		shall be inducted into a fire department, except as otherwise
5		provided in this Section.
6		The commission shall strike off the names of candidates for
7		original appointment after the names have been on the list for
8		more than 2 years.
9		(i) Moral character. No person shall be appointed to a fire
10		department unless he or she is a person of good character; not
11		a habitual drunkard, a gambler, or a person who has been
12		convicted of a felony or a crime involving moral turpitude.
13		However, no person shall be disqualified from appointment to
14		the fire department because of the person's record of
15		misdemeanor convictions except those under Sections 11-6,
16		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
17		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
18		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
19		1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
20		Criminal Code of 2012, or arrest for any cause without
21		conviction thereon. Any such person who is in the department
22		may be removed on charges brought for violating this subsection
23		and after a trial as hereinafter provided.
24		A classifiable set of the fingerprints of every person who
25		is offered employment as a certificated member of an affected
26		fire department whether with or without compensation, shall be

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1		furnished to the Illinois Department of State Police and to the
2		Federal Bureau of Investigation by the commission.
3		Whenever a commission is authorized or required by law to
4		consider some aspect of criminal history record information for
5		the purpose of carrying out its statutory powers and
6		responsibilities, then, upon request and payment of fees in
7		conformance with the requirements of Section 2605-400 of the
8		State Police Law of the Civil Administrative Code of Illinois,
9		the Department of State Police is authorized to furnish,
10		pursuant to positive identification, the information contained
11		in State files as is necessary to fulfill the request.
12		(j) Temporary appointments. In order to prevent a stoppage
13		of public business, to meet extraordinary exigencies, or to
14		prevent material impairment of the fire department, the
15		commission may make temporary appointments, to remain in force
16		only until regular appointments are made under the provisions
17		of this Division, but never to exceed 60 days. No temporary
18		appointment of any one person shall be made more than twice in
19		any calendar year.
20		(k) A person who knowingly divulges or receives test
21		questions or answers before a written examination, or otherwise
22		knowingly violates or subverts any requirement of this Section,
23		commits a violation of this Section and may be subject to
24		charges for official misconduct.
25		A person who is the knowing recipient of test information
26		in advance of the examination shall be disqualified from the

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1		examination or discharged from the position to which he or she
2		was appointed, as applicable, and otherwise subjected to
3		disciplinary actions.
4		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
5		97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
6		8-15-14; revised 10-2-14.)
7		(65 ILCS 5/10-2.1-6.3)
8		Sec. 10-2.1-6.3. Original appointments; full-time fire
9		department.
10		(a) Applicability. Unless a commission elects to follow the
11		provisions of Section 10-2.1-6.4, this Section shall apply to
12		all original appointments to an affected full-time fire
13		department. Existing registers of eligibles shall continue to
14		be valid until their expiration dates, or up to a maximum of 2
15		years after the effective date of this amendatory Act of the
16		97th General Assembly.
17		Notwithstanding any statute, ordinance, rule, or other law
18		to the contrary, all original appointments to an affected
19		department to which this Section applies shall be administered
20		in the manner provided for in this Section. Provisions of the
21		Illinois Municipal Code, municipal ordinances, and rules
22		adopted pursuant to such authority and other laws relating to
23		initial hiring of firefighters in affected departments shall
24		continue to apply to the extent they are compatible with this
25		Section, but in the event of a conflict between this Section

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1		and any other law, this Section shall control.
2		A home rule or non-home rule municipality may not
3		administer its fire department process for original
4		appointments in a manner that is less stringent than this
5		Section. This Section is a limitation under subsection (i) of
6		Section 6 of Article VII of the Illinois Constitution on the
7		concurrent exercise by home rule units of the powers and
8		functions exercised by the State.
9		A municipality that is operating under a court order or
10		consent decree regarding original appointments to a full-time
11		fire department before the effective date of this amendatory
12		Act of the 97th General Assembly is exempt from the
13		requirements of this Section for the duration of the court
14		order or consent decree.
15		Notwithstanding any other provision of this subsection
16		(a), this Section does not apply to a municipality with more
17		than 1,000,000 inhabitants.
18		(b) Original appointments. All original appointments made
19		to an affected fire department shall be made from a register of
20		eligibles established in accordance with the processes
21		established by this Section. Only persons who meet or exceed
22		the performance standards required by this Section shall be
23		placed on a register of eligibles for original appointment to
24		an affected fire department.
25		Whenever an appointing authority authorizes action to hire
26		a person to perform the duties of a firefighter or to hire a

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1		firefighter-paramedic to fill a position that is a new position
2		or vacancy due to resignation, discharge, promotion, death, the
3		granting of a disability or retirement pension, or any other
4		cause, the appointing authority shall appoint to that position
5		the person with the highest ranking on the final eligibility
6		list. If the appointing authority has reason to conclude that
7		the highest ranked person fails to meet the minimum standards
8		for the position or if the appointing authority believes an
9		alternate candidate would better serve the needs of the
10		department, then the appointing authority has the right to pass
11		over the highest ranked person and appoint either: (i) any
12		person who has a ranking in the top 5% of the register of
13		eligibles or (ii) any person who is among the top 5 highest
14		ranked persons on the list of eligibles if the number of people
15		who have a ranking in the top 5% of the register of eligibles
16		is less than 5 people.
17		Any candidate may pass on an appointment once without
18		losing his or her position on the register of eligibles. Any
19		candidate who passes a second time may be removed from the list
20		by the appointing authority provided that such action shall not
21		prejudice a person's opportunities to participate in future
22		examinations, including an examination held during the time a
23		candidate is already on the municipality's register of
24		eligibles.
25		The sole authority to issue certificates of appointment
26		shall be vested in the board of fire and police commissioners.

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1		All certificates of appointment issued to any officer or member
2		of an affected department shall be signed by the chairperson
3		and secretary, respectively, of the board upon appointment of
4		such officer or member to the affected department by action of
5		the board. Each person who accepts a certificate of appointment
6		and successfully completes his or her probationary period shall
7		be enrolled as a firefighter and as a regular member of the
8		fire department.
9		For the purposes of this Section, "firefighter" means any
10		person who has been prior to, on, or after the effective date
11		of this amendatory Act of the 97th General Assembly appointed
12		to a fire department or fire protection district or employed by
13		a State university and sworn or commissioned to perform
14		firefighter duties or paramedic duties, or both, except that
15		the following persons are not included: part-time
16		firefighters; auxiliary, reserve, or voluntary firefighters,
17		including paid-on-call firefighters; clerks and dispatchers or
18		other civilian employees of a fire department or fire
19		protection district who are not routinely expected to perform
20		firefighter duties; and elected officials.
21		(c) Qualification for placement on register of eligibles.
22		The purpose of establishing a register of eligibles is to
23		identify applicants who possess and demonstrate the mental
24		aptitude and physical ability to perform the duties required of
25		members of the fire department in order to provide the highest
26		quality of service to the public. To this end, all applicants

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1		for original appointment to an affected fire department shall
2		be subject to examination and testing which shall be public,
3		competitive, and open to all applicants unless the municipality
4		shall by ordinance limit applicants to residents of the
5		municipality, county or counties in which the municipality is
6		located, State, or nation. Any examination and testing
7		procedure utilized under subsection (e) of this Section shall
8		be supported by appropriate validation evidence and shall
9		comply with all applicable State state and federal laws.
10		Municipalities may establish educational, emergency medical
11		service licensure, and other pre-requisites for participation
12		in an examination or for hire as a firefighter. Any
13		municipality may charge a fee to cover the costs of the
14		application process.
15		Residency requirements in effect at the time an individual
16		enters the fire service of a municipality cannot be made more
17		restrictive for that individual during his or her period of
18		service for that municipality, or be made a condition of
19		promotion, except for the rank or position of fire chief and
20		for no more than 2 positions that rank immediately below that
21		of the chief rank which are appointed positions pursuant to the
22		Fire Department Promotion Act.
23		No person who is 35 years of age or older shall be eligible
24		to take an examination for a position as a firefighter unless
25		the person has had previous employment status as a firefighter
26		in the regularly constituted fire department of the

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1		municipality, except as provided in this Section. The age
2		limitation does not apply to:
3		(1) any person previously employed as a full-time
4		firefighter in a regularly constituted fire department of
5		(i) any municipality or fire protection district located in
6		Illinois, (ii) a fire protection district whose
7		obligations were assumed by a municipality under Section 21
8		of the Fire Protection District Act, or (iii) a
9		municipality whose obligations were taken over by a fire
10		protection district, or
11		(2) any person who has served a municipality as a
12		regularly enrolled volunteer, paid-on-call, or part-time
13		firefighter for the 5 years immediately preceding the time
14		that the municipality begins to use full-time firefighters
15		to provide all or part of its fire protection service, or .
16		(3) any person who turned 35 while serving as a member
17		of the active or reserve components of any of the branches
18		of the Armed Forces of the United States or the National
19		Guard of any state, whose service was characterized as
20		honorable or under honorable, if separated from the
21		military, and is currently under the age of 40.
22		No person who is under 21 years of age shall be eligible
23		for employment as a firefighter.
24		No applicant shall be examined concerning his or her
25		political or religious opinions or affiliations. The
26		examinations shall be conducted by the commissioners of the

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1		municipality or their designees and agents.
2		No municipality shall require that any firefighter
3		appointed to the lowest rank serve a probationary employment
4		period of longer than one year of actual active employment,
5		which may exclude periods of training, or injury or illness
6		leaves, including duty related leave, in excess of 30 calendar
7		days. Notwithstanding anything to the contrary in this Section,
8		the probationary employment period limitation may be extended
9		for a firefighter who is required, as a condition of
10		employment, to be a licensed paramedic, during which time the
11		sole reason that a firefighter may be discharged without a
12		hearing is for failing to meet the requirements for paramedic
13		licensure.
14		In the event that any applicant who has been found eligible
15		for appointment and whose name has been placed upon the final
16		eligibility register provided for in this Section has not been
17		appointed to a firefighter position within one year after the
18		date of his or her physical ability examination, the commission
19		may cause a second examination to be made of that applicant's
20		physical ability prior to his or her appointment. If, after the
21		second examination, the physical ability of the applicant shall
22		be found to be less than the minimum standard fixed by the
23		rules of the commission, the applicant shall not be appointed.
24		The applicant's name may be retained upon the register of
25		candidates eligible for appointment and when next reached for
26		certification and appointment that applicant may be again

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1		examined as provided in this Section, and if the physical
2		ability of that applicant is found to be less than the minimum
3		standard fixed by the rules of the commission, the applicant
4		shall not be appointed, and the name of the applicant shall be
5		removed from the register.
6		(d) Notice, examination, and testing components. Notice of
7		the time, place, general scope, merit criteria for any
8		subjective component, and fee of every examination shall be
9		given by the commission, by a publication at least 2 weeks
10		preceding the examination: (i) in one or more newspapers
11		published in the municipality, or if no newspaper is published
12		therein, then in one or more newspapers with a general
13		circulation within the municipality, or (ii) on the
14		municipality's Internet website. Additional notice of the
15		examination may be given as the commission shall prescribe.
16		The examination and qualifying standards for employment of
17		firefighters shall be based on: mental aptitude, physical
18		ability, preferences, moral character, and health. The mental
19		aptitude, physical ability, and preference components shall
20		determine an applicant's qualification for and placement on the
21		final register of eligibles. The examination may also include a
22		subjective component based on merit criteria as determined by
23		the commission. Scores from the examination must be made
24		available to the public.
25		(e) Mental aptitude. No person who does not possess at
26		least a high school diploma or an equivalent high school

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1		education shall be placed on a register of eligibles.
2		Examination of an applicant's mental aptitude shall be based
3		upon a written examination. The examination shall be practical
4		in character and relate to those matters that fairly test the
5		capacity of the persons examined to discharge the duties
6		performed by members of a fire department. Written examinations
7		shall be administered in a manner that ensures the security and
8		accuracy of the scores achieved.
9		(f) Physical ability. All candidates shall be required to
10		undergo an examination of their physical ability to perform the
11		essential functions included in the duties they may be called
12		upon to perform as a member of a fire department. For the
13		purposes of this Section, essential functions of the job are
14		functions associated with duties that a firefighter may be
15		called upon to perform in response to emergency calls. The
16		frequency of the occurrence of those duties as part of the fire
17		department's regular routine shall not be a controlling factor
18		in the design of examination criteria or evolutions selected
19		for testing. These physical examinations shall be open,
20		competitive, and based on industry standards designed to test
21		each applicant's physical abilities in the following
22		dimensions:
23		(1) Muscular strength to perform tasks and evolutions
24		that may be required in the performance of duties including
25		grip strength, leg strength, and arm strength. Tests shall
26		be conducted under anaerobic as well as aerobic conditions

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1		to test both the candidate's speed and endurance in
2		performing tasks and evolutions. Tasks tested may be based
3		on standards developed, or approved, by the local
4		appointing authority.
5		(2) The ability to climb ladders, operate from heights,
6		walk or crawl in the dark along narrow and uneven surfaces,
7		and operate in proximity to hazardous environments.
8		(3) The ability to carry out critical, time-sensitive,
9		and complex problem solving during physical exertion in
10		stressful and hazardous environments. The testing
11		environment may be hot and dark with tightly enclosed
12		spaces, flashing lights, sirens, and other distractions.
13		The tests utilized to measure each applicant's
14		capabilities in each of these dimensions may be tests based on
15		industry standards currently in use or equivalent tests
16		approved by the Joint Labor-Management Committee of the Office
17		of the State Fire Marshal.
18		Physical ability examinations administered under this
19		Section shall be conducted with a reasonable number of proctors
20		and monitors, open to the public, and subject to reasonable
21		regulations of the commission.
22		(g) Scoring of examination components. Appointing
23		authorities may create a preliminary eligibility register. A
24		person shall be placed on the list based upon his or her
25		passage of the written examination or the passage of the
26		written examination and the physical ability component.

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1		Passage of the written examination means attaining the minimum
2		score set by the commission. Minimum scores should be set by
3		the commission so as to demonstrate a candidate's ability to
4		perform the essential functions of the job. The minimum score
5		set by the commission shall be supported by appropriate
6		validation evidence and shall comply with all applicable State
7		state and federal laws. The appointing authority may conduct
8		the physical ability component and any subjective components
9		subsequent to the posting of the preliminary eligibility
10		register.
11		The examination components for an initial eligibility
12		register shall be graded on a 100-point scale. A person's
13		position on the list shall be determined by the following: (i)
14		the person's score on the written examination, (ii) the person
15		successfully passing the physical ability component, and (iii)
16		the person's results on any subjective component as described
17		in subsection (d).
18		In order to qualify for placement on the final eligibility
19		register, an applicant's score on the written examination,
20		before any applicable preference points or subjective points
21		are applied, shall be at or above the minimum score as set by
22		the commission. The local appointing authority may prescribe
23		the score to qualify for placement on the final eligibility
24		register, but the score shall not be less than the minimum
25		score set by the commission.
26		The commission shall prepare and keep a register of persons

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1		whose total score is not less than the minimum score for
2		passage and who have passed the physical ability examination.
3		These persons shall take rank upon the register as candidates
4		in the order of their relative excellence based on the highest
5		to the lowest total points scored on the mental aptitude,
6		subjective component, and preference components of the test
7		administered in accordance with this Section. No more than 60
8		days after each examination, an initial eligibility list shall
9		be posted by the commission. The list shall include the final
10		grades of the candidates without reference to priority of the
11		time of examination and subject to claim for preference credit.
12		Commissions may conduct additional examinations, including
13		without limitation a polygraph test, after a final eligibility
14		register is established and before it expires with the
15		candidates ranked by total score without regard to date of
16		examination. No more than 60 days after each examination, an
17		initial eligibility list shall be posted by the commission
18		showing the final grades of the candidates without reference to
19		priority of time of examination and subject to claim for
20		preference credit.
21		(h) Preferences. The following are preferences:
22		(1) Veteran preference. Persons who were engaged in the
23		military service of the United States for a period of at
24		least one year of active duty and who were honorably
25		discharged therefrom, or who are now or have been members
26		on inactive or reserve duty in such military or naval

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1		service, shall be preferred for appointment to and
2		employment with the fire department of an affected
3		department.
4		(2) Fire cadet preference. Persons who have
5		successfully completed 2 years of study in fire techniques
6		or cadet training within a cadet program established under
7		the rules of the Joint Labor and Management Committee
8		(JLMC), as defined in Section 50 of the Fire Department
9		Promotion Act, may be preferred for appointment to and
10		employment with the fire department.
11		(3) Educational preference. Persons who have
12		successfully obtained an associate's degree in the field of
13		fire service or emergency medical services, or a bachelor's
14		degree from an accredited college or university may be
15		preferred for appointment to and employment with the fire
16		department.
17		(4) Paramedic preference. Persons who have obtained a
18		license as a paramedic shall be preferred for appointment
19		to and employment with the fire department of an affected
20		department providing emergency medical services.
21		(5) Experience preference. All persons employed by a
22		municipality who have been paid-on-call or part-time
23		certified Firefighter II, State of Illinois or nationally
24		licensed EMT, EMT-I, A-EMT, or any combination of those
25		capacities shall be awarded 0.5 point for each year of
26		successful service in one or more of those capacities, up

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1		to a maximum of 5 points. Certified Firefighter III and
2		State of Illinois or nationally licensed paramedics shall
3		be awarded one point per year up to a maximum of 5 points.
4		Applicants from outside the municipality who were employed
5		as full-time firefighters or firefighter-paramedics by a
6		fire protection district or another municipality for at
7		least 2 years shall be awarded 5 experience preference
8		points. These additional points presuppose a rating scale
9		totaling 100 points available for the eligibility list. If
10		more or fewer points are used in the rating scale for the
11		eligibility list, the points awarded under this subsection
12		shall be increased or decreased by a factor equal to the
13		total possible points available for the examination
14		divided by 100.
15		Upon request by the commission, the governing body of
16		the municipality or in the case of applicants from outside
17		the municipality the governing body of any fire protection
18		district or any other municipality shall certify to the
19		commission, within 10 days after the request, the number of
20		years of successful paid-on-call, part-time, or full-time
21		service of any person. A candidate may not receive the full
22		amount of preference points under this subsection if the
23		amount of points awarded would place the candidate before a
24		veteran on the eligibility list. If more than one candidate
25		receiving experience preference points is prevented from
26		receiving all of their points due to not being allowed to

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1		pass a veteran, the candidates shall be placed on the list
2		below the veteran in rank order based on the totals
3		received if all points under this subsection were to be
4		awarded. Any remaining ties on the list shall be determined
5		by lot.
6		(6) Residency preference. Applicants whose principal
7		residence is located within the fire department's
8		jurisdiction shall be preferred for appointment to and
9		employment with the fire department.
10		(7) Additional preferences. Up to 5 additional
11		preference points may be awarded for unique categories
12		based on an applicant's experience or background as
13		identified by the commission.
14		(8) Scoring of preferences. The commission shall give
15		preference for original appointment to persons designated
16		in item (1) by adding to the final grade that they receive
17		5 points for the recognized preference achieved. The
18		commission shall determine the number of preference points
19		for each category except (1). The number of preference
20		points for each category shall range from 0 to 5. In
21		determining the number of preference points, the
22		commission shall prescribe that if a candidate earns the
23		maximum number of preference points in all categories, that
24		number may not be less than 10 nor more than 30. The
25		commission shall give preference for original appointment
26		to persons designated in items (2) through (7) by adding

HB3203 Enrolled - 34 - LRB099 08813 AWJ 28984 b
1		the requisite number of points to the final grade for each
2		recognized preference achieved. The numerical result thus
3		attained shall be applied by the commission in determining
4		the final eligibility list and appointment from the
5		eligibility list. The local appointing authority may
6		prescribe the total number of preference points awarded
7		under this Section, but the total number of preference
8		points shall not be less than 10 points or more than 30
9		points.
10		No person entitled to any preference shall be required to
11		claim the credit before any examination held under the
12		provisions of this Section, but the preference shall be given
13		after the posting or publication of the initial eligibility
14		list or register at the request of a person entitled to a
15		credit before any certification or appointments are made from
16		the eligibility register, upon the furnishing of verifiable
17		evidence and proof of qualifying preference credit. Candidates
18		who are eligible for preference credit shall make a claim in
19		writing within 10 days after the posting of the initial
20		eligibility list, or the claim shall be deemed waived. Final
21		eligibility registers shall be established after the awarding
22		of verified preference points. All employment shall be subject
23		to the commission's initial hire background review including,
24		but not limited to, criminal history, employment history, moral
25		character, oral examination, and medical and psychological
26		examinations, all on a pass-fail basis. The medical and

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1		psychological examinations must be conducted last, and may only
2		be performed after a conditional offer of employment has been
3		extended.
4		Any person placed on an eligibility list who exceeds the
5		age requirement before being appointed to a fire department
6		shall remain eligible for appointment until the list is
7		abolished, or his or her name has been on the list for a period
8		of 2 years. No person who has attained the age of 35 years
9		shall be inducted into a fire department, except as otherwise
10		provided in this Section.
11		The commission shall strike off the names of candidates for
12		original appointment after the names have been on the list for
13		more than 2 years.
14		(i) Moral character. No person shall be appointed to a fire
15		department unless he or she is a person of good character; not
16		a habitual drunkard, a gambler, or a person who has been
17		convicted of a felony or a crime involving moral turpitude.
18		However, no person shall be disqualified from appointment to
19		the fire department because of the person's record of
20		misdemeanor convictions except those under Sections 11-6,
21		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
22		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
23		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
24		1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
25		Criminal Code of 2012, or arrest for any cause without
26		conviction thereon. Any such person who is in the department

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1		may be removed on charges brought for violating this subsection
2		and after a trial as hereinafter provided.
3		A classifiable set of the fingerprints of every person who
4		is offered employment as a certificated member of an affected
5		fire department whether with or without compensation, shall be
6		furnished to the Illinois Department of State Police and to the
7		Federal Bureau of Investigation by the commission.
8		Whenever a commission is authorized or required by law to
9		consider some aspect of criminal history record information for
10		the purpose of carrying out its statutory powers and
11		responsibilities, then, upon request and payment of fees in
12		conformance with the requirements of Section 2605-400 of the
13		State Police Law of the Civil Administrative Code of Illinois,
14		the Department of State Police is authorized to furnish,
15		pursuant to positive identification, the information contained
16		in State files as is necessary to fulfill the request.
17		(j) Temporary appointments. In order to prevent a stoppage
18		of public business, to meet extraordinary exigencies, or to
19		prevent material impairment of the fire department, the
20		commission may make temporary appointments, to remain in force
21		only until regular appointments are made under the provisions
22		of this Division, but never to exceed 60 days. No temporary
23		appointment of any one person shall be made more than twice in
24		any calendar year.
25		(k) A person who knowingly divulges or receives test
26		questions or answers before a written examination, or otherwise

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1		knowingly violates or subverts any requirement of this Section,
2		commits a violation of this Section and may be subject to
3		charges for official misconduct.
4		A person who is the knowing recipient of test information
5		in advance of the examination shall be disqualified from the
6		examination or discharged from the position to which he or she
7		was appointed, as applicable, and otherwise subjected to
8		disciplinary actions.
9		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
10		97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
11		8-15-14, revised 10-2-14.)
12		Section 99. Effective date. This Act takes effect upon
13		becoming law.