99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3203
 
Introduced , by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:



65 ILCS 5/10-1-7.1
65 ILCS 5/10-2.1-6.3

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



LRB099 08813 AWJ 28984 b


 
 
A BILL FOR
 


HB3203LRB099 08813 AWJ 28984 b



1 AN ACT concerning local government.


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

3represented in the General Assembly:



4 Section 5. The Illinois Municipal Code is amended by 
5changing 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 
8department.
9 (a) Applicability. Unless a commission elects to follow the 
10provisions of Section 10-1-7.2, this Section shall apply to all 
11original appointments to an affected full-time fire 
12department. Existing registers of eligibles shall continue to 
13be valid until their expiration dates, or up to a maximum of 2 
14years after the effective date of this amendatory Act of the 
1597th General Assembly.
16 Notwithstanding any statute, ordinance, rule, or other law 
17to the contrary, all original appointments to an affected 
18department to which this Section applies shall be administered 
19in the manner provided for in this Section. Provisions of the 
20Illinois Municipal Code, municipal ordinances, and rules 
21adopted pursuant to such authority and other laws relating to 
22initial hiring of firefighters in affected departments shall 
23continue to apply to the extent they are compatible with this 
 
 
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1Section, but in the event of a conflict between this Section 
2and any other law, this Section shall control.
3 A home rule or non-home rule municipality may not 
4administer its fire department process for original 
5appointments in a manner that is less stringent than this 
6Section. This Section is a limitation under subsection (i) of 
7Section 6 of Article VII of the Illinois Constitution on the 
8concurrent exercise by home rule units of the powers and 
9functions exercised by the State.
10 A municipality that is operating under a court order or 
11consent decree regarding original appointments to a full-time 
12fire department before the effective date of this amendatory 
13Act of the 97th General Assembly is exempt from the 
14requirements of this Section for the duration of the court 
15order or consent decree. 
16 Notwithstanding any other provision of this subsection 
17(a), this Section does not apply to a municipality with more 
18than 1,000,000 inhabitants. 
19 (b) Original appointments. All original appointments made 
20to an affected fire department shall be made from a register of 
21eligibles established in accordance with the processes 
22established by this Section. Only persons who meet or exceed 
23the performance standards required by this Section shall be 
24placed on a register of eligibles for original appointment to 
25an affected fire department.
26 Whenever an appointing authority authorizes action to hire 
 
 
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1a person to perform the duties of a firefighter or to hire a 
2firefighter-paramedic to fill a position that is a new position 
3or vacancy due to resignation, discharge, promotion, death, the 
4granting of a disability or retirement pension, or any other 
5cause, the appointing authority shall appoint to that position 
6the person with the highest ranking on the final eligibility 
7list. If the appointing authority has reason to conclude that 
8the highest ranked person fails to meet the minimum standards 
9for the position or if the appointing authority believes an 
10alternate candidate would better serve the needs of the 
11department, then the appointing authority has the right to pass 
12over the highest ranked person and appoint either: (i) any 
13person who has a ranking in the top 5% of the register of 
14eligibles or (ii) any person who is among the top 5 highest 
15ranked persons on the list of eligibles if the number of people 
16who have a ranking in the top 5% of the register of eligibles 
17is less than 5 people.
18 Any candidate may pass on an appointment once without 
19losing his or her position on the register of eligibles. Any 
20candidate who passes a second time may be removed from the list 
21by the appointing authority provided that such action shall not 
22prejudice a person's opportunities to participate in future 
23examinations, including an examination held during the time a 
24candidate is already on the municipality's register of 
25eligibles.
26 The sole authority to issue certificates of appointment 
 
 
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1shall be vested in the Civil Service Commission. All 
2certificates of appointment issued to any officer or member of 
3an affected department shall be signed by the chairperson and 
4secretary, respectively, of the commission upon appointment of 
5such officer or member to the affected department by the 
6commission. Each person who accepts a certificate of 
7appointment and successfully completes his or her probationary 
8period shall be enrolled as a firefighter and as a regular 
9member of the fire department.
10 For the purposes of this Section, "firefighter" means any 
11person who has been prior to, on, or after the effective date 
12of this amendatory Act of the 97th General Assembly appointed 
13to a fire department or fire protection district or employed by 
14a State university and sworn or commissioned to perform 
15firefighter duties or paramedic duties, or both, except that 
16the following persons are not included: part-time 
17firefighters; auxiliary, reserve, or voluntary firefighters, 
18including paid-on-call firefighters; clerks and dispatchers or 
19other civilian employees of a fire department or fire 
20protection district who are not routinely expected to perform 
21firefighter duties; and elected officials.
22 (c) Qualification for placement on register of eligibles. 
23The purpose of establishing a register of eligibles is to 
24identify applicants who possess and demonstrate the mental 
25aptitude and physical ability to perform the duties required of 
26members of the fire department in order to provide the highest 
 
 
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1quality of service to the public. To this end, all applicants 
2for original appointment to an affected fire department shall 
3be subject to examination and testing which shall be public, 
4competitive, and open to all applicants unless the municipality 
5shall by ordinance limit applicants to residents of the 
6municipality, county or counties in which the municipality is 
7located, State, or nation. Any examination and testing 
8procedure utilized under subsection (e) of this Section shall 
9be supported by appropriate validation evidence and shall 
10comply with all applicable State state and federal laws. 
11Municipalities may establish educational, emergency medical 
12service licensure, and other pre-requisites for participation 
13in an examination or for hire as a firefighter. Any 
14municipality may charge a fee to cover the costs of the 
15application process.
16 Residency requirements in effect at the time an individual 
17enters the fire service of a municipality cannot be made more 
18restrictive for that individual during his or her period of 
19service for that municipality, or be made a condition of 
20promotion, except for the rank or position of fire chief and 
21for no more than 2 positions that rank immediately below that 
22of the chief rank which are appointed positions pursuant to the 
23Fire Department Promotion Act.
24 No person who is 35 years of age or older shall be eligible 
25to take an examination for a position as a firefighter unless 
26the person has had previous employment status as a firefighter 
 
 
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1in the regularly constituted fire department of the 
2municipality, except as provided in this Section. The age 
3limitation 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 
24for employment as a firefighter.
25 No applicant shall be examined concerning his or her 
26political or religious opinions or affiliations. The 
 
 
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1examinations shall be conducted by the commissioners of the 
2municipality or their designees and agents.
3 No municipality shall require that any firefighter 
4appointed to the lowest rank serve a probationary employment 
5period of longer than one year of actual active employment, 
6which may exclude periods of training, or injury or illness 
7leaves, including duty related leave, in excess of 30 calendar 
8days. Notwithstanding anything to the contrary in this Section, 
9the probationary employment period limitation may be extended 
10for a firefighter who is required, as a condition of 
11employment, to be a licensed paramedic, during which time the 
12sole reason that a firefighter may be discharged without a 
13hearing is for failing to meet the requirements for paramedic 
14licensure.
15 In the event that any applicant who has been found eligible 
16for appointment and whose name has been placed upon the final 
17eligibility register provided for in this Division 1 has not 
18been appointed to a firefighter position within one year after 
19the date of his or her physical ability examination, the 
20commission may cause a second examination to be made of that 
21applicant's physical ability prior to his or her appointment. 
22If, after the second examination, the physical ability of the 
23applicant shall be found to be less than the minimum standard 
24fixed by the rules of the commission, the applicant shall not 
25be appointed. The applicant's name may be retained upon the 
26register of candidates eligible for appointment and when next 
 
 
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1reached for certification and appointment that applicant may be 
2again examined as provided in this Section, and if the physical 
3ability of that applicant is found to be less than the minimum 
4standard fixed by the rules of the commission, the applicant 
5shall not be appointed, and the name of the applicant shall be 
6removed from the register.
7 (d) Notice, examination, and testing components. Notice of 
8the time, place, general scope, merit criteria for any 
9subjective component, and fee of every examination shall be 
10given by the commission, by a publication at least 2 weeks 
11preceding the examination: (i) in one or more newspapers 
12published in the municipality, or if no newspaper is published 
13therein, then in one or more newspapers with a general 
14circulation within the municipality, or (ii) on the 
15municipality's Internet website. Additional notice of the 
16examination may be given as the commission shall prescribe.
17 The examination and qualifying standards for employment of 
18firefighters shall be based on: mental aptitude, physical 
19ability, preferences, moral character, and health. The mental 
20aptitude, physical ability, and preference components shall 
21determine an applicant's qualification for and placement on the 
22final register of eligibles. The examination may also include a 
23subjective component based on merit criteria as determined by 
24the commission. Scores from the examination must be made 
25available to the public.
26 (e) Mental aptitude. No person who does not possess at 
 
 
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1least a high school diploma or an equivalent high school 
2education shall be placed on a register of eligibles. 
3Examination of an applicant's mental aptitude shall be based 
4upon a written examination. The examination shall be practical 
5in character and relate to those matters that fairly test the 
6capacity of the persons examined to discharge the duties 
7performed by members of a fire department. Written examinations 
8shall be administered in a manner that ensures the security and 
9accuracy of the scores achieved.
10 (f) Physical ability. All candidates shall be required to 
11undergo an examination of their physical ability to perform the 
12essential functions included in the duties they may be called 
13upon to perform as a member of a fire department. For the 
14purposes of this Section, essential functions of the job are 
15functions associated with duties that a firefighter may be 
16called upon to perform in response to emergency calls. The 
17frequency of the occurrence of those duties as part of the fire 
18department's regular routine shall not be a controlling factor 
19in the design of examination criteria or evolutions selected 
20for testing. These physical examinations shall be open, 
21competitive, and based on industry standards designed to test 
22each applicant's physical abilities in the following 
23dimensions:
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

15capabilities in each of these dimensions may be tests based on

16industry standards currently in use or equivalent tests 
17approved by the Joint Labor-Management Committee of the Office 
18of the State Fire Marshal.
19 Physical ability examinations administered under this 
20Section shall be conducted with a reasonable number of proctors 
21and monitors, open to the public, and subject to reasonable 
22regulations of the commission.
23 (g) Scoring of examination components. Appointing 
24authorities may create a preliminary eligibility register. A 
25person shall be placed on the list based upon his or her 
26passage of the written examination or the passage of the 
 
 
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1written examination and the physical ability component. 
2Passage of the written examination means attaining the minimum 
3score set by the commission. Minimum scores should be set by 
4the commission so as to demonstrate a candidate's ability to 
5perform the essential functions of the job. The minimum score 
6set by the commission shall be supported by appropriate 
7validation evidence and shall comply with all applicable State 
8state and federal laws. The appointing authority may conduct 
9the physical ability component and any subjective components 
10subsequent to the posting of the preliminary eligibility 
11register.
12 The examination components for an initial eligibility 
13register shall be graded on a 100-point scale. A person's 
14position on the list shall be determined by the following: (i)

15the person's score on the written examination, (ii) the person

16successfully passing the physical ability component, and (iii) 
17the
person's results on any subjective component as described 
18in
subsection (d). 
19 In order to qualify for placement on the final eligibility 
20register, an applicant's score on the written examination, 
21before any applicable preference points or subjective points 
22are applied, shall be at or above the minimum score set by the 
23commission. The local appointing authority may prescribe the 
24score to qualify for placement on the final eligibility 
25register, but the score shall not be less than the minimum 
26score set by the commission.
 
 
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1 The commission shall prepare and keep a register of persons 
2whose total score is not less than the minimum score for 
3passage and who have passed the physical ability examination. 
4These persons shall take rank upon the register as candidates 
5in the order of their relative excellence based on the highest 
6to the lowest total points scored on the mental aptitude, 
7subjective component, and preference components of the test 
8administered in accordance with this Section. No more than 60 
9days after each examination, an initial eligibility list shall 
10be posted by the commission. The list shall include the final 
11grades of the candidates without reference to priority of the 
12time of examination and subject to claim for preference credit.
13 Commissions may conduct additional examinations, including 
14without limitation a polygraph test, after a final eligibility 
15register is established and before it expires with the 
16candidates ranked by total score without regard to date of 
17examination. No more than 60 days after each examination, an 
18initial eligibility list shall be posted by the commission 
19showing the final grades of the candidates without reference to 
20priority of time of examination and subject to claim for 
21preference 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 
6claim the credit before any examination held under the 
7provisions of this Section, but the preference shall be given 
8after the posting or publication of the initial eligibility 
9list or register at the request of a person entitled to a 
10credit before any certification or appointments are made from 
11the eligibility register, upon the furnishing of verifiable 
12evidence and proof of qualifying preference credit. Candidates 
13who are eligible for preference credit shall make a claim in 
14writing within 10 days after the posting of the initial 
15eligibility list, or the claim shall be deemed waived. Final 
16eligibility registers shall be established after the awarding 
17of verified preference points. All employment shall be subject 
18to the commission's initial hire background review including, 
19but not limited to, criminal history, employment history, moral 
20character, oral examination, and medical and psychological 
21examinations, all on a pass-fail basis. The medical and 
22psychological examinations must be conducted last, and may only 
23be performed after a conditional offer of employment has been 
24extended.
25 Any person placed on an eligibility list who exceeds the 
26age requirement before being appointed to a fire department 
 
 
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1shall remain eligible for appointment until the list is 
2abolished, or his or her name has been on the list for a period 
3of 2 years. No person who has attained the age of 35 years 
4shall be inducted into a fire department, except as otherwise 
5provided in this Section.
6 The commission shall strike off the names of candidates for 
7original appointment after the names have been on the list for 
8more than 2 years.
9 (i) Moral character. No person shall be appointed to a fire 
10department unless he or she is a person of good character; not 
11a habitual drunkard, a gambler, or a person who has been 
12convicted of a felony or a crime involving moral turpitude. 
13However, no person shall be disqualified from appointment to 
14the fire department because of the person's record of 
15misdemeanor convictions except those under Sections 11-6, 
1611-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 
1712-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 
1831-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections 
191, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the 
20Criminal Code of 2012, or arrest for any cause without 
21conviction thereon. Any such person who is in the department 
22may be removed on charges brought for violating this subsection 
23and after a trial as hereinafter provided.
24 A classifiable set of the fingerprints of every person who 
25is offered employment as a certificated member of an affected 
26fire department whether with or without compensation, shall be 
 
 
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1furnished to the Illinois Department of State Police and to the 
2Federal Bureau of Investigation by the commission.
3 Whenever a commission is authorized or required by law to 
4consider some aspect of criminal history record information for 
5the purpose of carrying out its statutory powers and 
6responsibilities, then, upon request and payment of fees in 
7conformance with the requirements of Section 2605-400 of the 
8State Police Law of the Civil Administrative Code of Illinois, 
9the Department of State Police is authorized to furnish, 
10pursuant to positive identification, the information contained 
11in State files as is necessary to fulfill the request.
12 (j) Temporary appointments. In order to prevent a stoppage 
13of public business, to meet extraordinary exigencies, or to 
14prevent material impairment of the fire department, the 
15commission may make temporary appointments, to remain in force 
16only until regular appointments are made under the provisions 
17of this Division, but never to exceed 60 days. No temporary 
18appointment of any one person shall be made more than twice in 
19any calendar year.
20 (k) A person who knowingly divulges or receives test 
21questions or answers before a written examination, or otherwise 
22knowingly violates or subverts any requirement of this Section, 
23commits a violation of this Section and may be subject to 
24charges for official misconduct.
25 A person who is the knowing recipient of test information 
26in advance of the examination shall be disqualified from the 
 
 
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1examination or discharged from the position to which he or she 
2was appointed, as applicable, and otherwise subjected to 
3disciplinary actions.

4(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 
597-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. 
68-15-14; 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 
9department.
10 (a) Applicability. Unless a commission elects to follow the 
11provisions of Section 10-2.1-6.4, this Section shall apply to 
12all original appointments to an affected full-time fire 
13department. Existing registers of eligibles shall continue to 
14be valid until their expiration dates, or up to a maximum of 2 
15years after the effective date of this amendatory Act of the 
1697th General Assembly.
17 Notwithstanding any statute, ordinance, rule, or other law 
18to the contrary, all original appointments to an affected 
19department to which this Section applies shall be administered 
20in the manner provided for in this Section. Provisions of the 
21Illinois Municipal Code, municipal ordinances, and rules 
22adopted pursuant to such authority and other laws relating to 
23initial hiring of firefighters in affected departments shall 
24continue to apply to the extent they are compatible with this 
25Section, but in the event of a conflict between this Section 
 
 
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1and any other law, this Section shall control.
2 A home rule or non-home rule municipality may not 
3administer its fire department process for original 
4appointments in a manner that is less stringent than this 
5Section. This Section is a limitation under subsection (i) of 
6Section 6 of Article VII of the Illinois Constitution on the 
7concurrent exercise by home rule units of the powers and 
8functions exercised by the State.
9 A municipality that is operating under a court order or 
10consent decree regarding original appointments to a full-time 
11fire department before the effective date of this amendatory 
12Act of the 97th General Assembly is exempt from the 
13requirements of this Section for the duration of the court 
14order or consent decree.
15 Notwithstanding any other provision of this subsection 
16(a), this Section does not apply to a municipality with more 
17than 1,000,000 inhabitants. 
18 (b) Original appointments. All original appointments made 
19to an affected fire department shall be made from a register of 
20eligibles established in accordance with the processes 
21established by this Section. Only persons who meet or exceed 
22the performance standards required by this Section shall be 
23placed on a register of eligibles for original appointment to 
24an affected fire department.
25 Whenever an appointing authority authorizes action to hire 
26a person to perform the duties of a firefighter or to hire a 
 
 
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1firefighter-paramedic to fill a position that is a new position 
2or vacancy due to resignation, discharge, promotion, death, the 
3granting of a disability or retirement pension, or any other 
4cause, the appointing authority shall appoint to that position 
5the person with the highest ranking on the final eligibility 
6list. If the appointing authority has reason to conclude that 
7the highest ranked person fails to meet the minimum standards 
8for the position or if the appointing authority believes an 
9alternate candidate would better serve the needs of the 
10department, then the appointing authority has the right to pass 
11over the highest ranked person and appoint either: (i) any 
12person who has a ranking in the top 5% of the register of 
13eligibles or (ii) any person who is among the top 5 highest 
14ranked persons on the list of eligibles if the number of people 
15who have a ranking in the top 5% of the register of eligibles 
16is less than 5 people.
17 Any candidate may pass on an appointment once without 
18losing his or her position on the register of eligibles. Any 
19candidate who passes a second time may be removed from the list 
20by the appointing authority provided that such action shall not 
21prejudice a person's opportunities to participate in future 
22examinations, including an examination held during the time a 
23candidate is already on the municipality's register of 
24eligibles.
25 The sole authority to issue certificates of appointment 
26shall be vested in the board of fire and police commissioners. 
 
 
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1All certificates of appointment issued to any officer or member 
2of an affected department shall be signed by the chairperson 
3and secretary, respectively, of the board upon appointment of 
4such officer or member to the affected department by action of 
5the board. Each person who accepts a certificate of appointment 
6and successfully completes his or her probationary period shall 
7be enrolled as a firefighter and as a regular member of the 
8fire department.
9 For the purposes of this Section, "firefighter" means any 
10person who has been prior to, on, or after the effective date 
11of this amendatory Act of the 97th General Assembly appointed 
12to a fire department or fire protection district or employed by 
13a State university and sworn or commissioned to perform 
14firefighter duties or paramedic duties, or both, except that 
15the following persons are not included: part-time 
16firefighters; auxiliary, reserve, or voluntary firefighters, 
17including paid-on-call firefighters; clerks and dispatchers or 
18other civilian employees of a fire department or fire 
19protection district who are not routinely expected to perform 
20firefighter duties; and elected officials.
21 (c) Qualification for placement on register of eligibles. 
22The purpose of establishing a register of eligibles is to 
23identify applicants who possess and demonstrate the mental 
24aptitude and physical ability to perform the duties required of 
25members of the fire department in order to provide the highest 
26quality of service to the public. To this end, all applicants 
 
 
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1for original appointment to an affected fire department shall 
2be subject to examination and testing which shall be public, 
3competitive, and open to all applicants unless the municipality 
4shall by ordinance limit applicants to residents of the 
5municipality, county or counties in which the municipality is 
6located, State, or nation. Any examination and testing 
7procedure utilized under subsection (e) of this Section shall 
8be supported by appropriate validation evidence and shall 
9comply with all applicable State state and federal laws. 
10Municipalities may establish educational, emergency medical 
11service licensure, and other pre-requisites for participation 
12in an examination or for hire as a firefighter. Any 
13municipality may charge a fee to cover the costs of the 
14application process.
15 Residency requirements in effect at the time an individual 
16enters the fire service of a municipality cannot be made more 
17restrictive for that individual during his or her period of 
18service for that municipality, or be made a condition of 
19promotion, except for the rank or position of fire chief and 
20for no more than 2 positions that rank immediately below that 
21of the chief rank which are appointed positions pursuant to the 
22Fire Department Promotion Act.
23 No person who is 35 years of age or older shall be eligible 
24to take an examination for a position as a firefighter unless 
25the person has had previous employment status as a firefighter 
26in the regularly constituted fire department of the 
 
 
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1municipality, except as provided in this Section. The age 
2limitation 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 
23for employment as a firefighter.
24 No applicant shall be examined concerning his or her 
25political or religious opinions or affiliations. The 
26examinations shall be conducted by the commissioners of the 
 
 
HB3203- 25 -LRB099 08813 AWJ 28984 b


1municipality or their designees and agents.
2 No municipality shall require that any firefighter 
3appointed to the lowest rank serve a probationary employment 
4period of longer than one year of actual active employment, 
5which may exclude periods of training, or injury or illness 
6leaves, including duty related leave, in excess of 30 calendar 
7days. Notwithstanding anything to the contrary in this Section, 
8the probationary employment period limitation may be extended 
9for a firefighter who is required, as a condition of 
10employment, to be a licensed paramedic, during which time the 
11sole reason that a firefighter may be discharged without a 
12hearing is for failing to meet the requirements for paramedic 
13licensure.
14 In the event that any applicant who has been found eligible 
15for appointment and whose name has been placed upon the final 
16eligibility register provided for in this Section has not been 
17appointed to a firefighter position within one year after the 
18date of his or her physical ability examination, the commission 
19may cause a second examination to be made of that applicant's 
20physical ability prior to his or her appointment. If, after the 
21second examination, the physical ability of the applicant shall 
22be found to be less than the minimum standard fixed by the 
23rules of the commission, the applicant shall not be appointed. 
24The applicant's name may be retained upon the register of 
25candidates eligible for appointment and when next reached for 
26certification and appointment that applicant may be again 
 
 
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1examined as provided in this Section, and if the physical 
2ability of that applicant is found to be less than the minimum 
3standard fixed by the rules of the commission, the applicant 
4shall not be appointed, and the name of the applicant shall be 
5removed from the register.
6 (d) Notice, examination, and testing components. Notice of 
7the time, place, general scope, merit criteria for any 
8subjective component, and fee of every examination shall be 
9given by the commission, by a publication at least 2 weeks 
10preceding the examination: (i) in one or more newspapers 
11published in the municipality, or if no newspaper is published 
12therein, then in one or more newspapers with a general 
13circulation within the municipality, or (ii) on the 
14municipality's Internet website. Additional notice of the 
15examination may be given as the commission shall prescribe.
16 The examination and qualifying standards for employment of 
17firefighters shall be based on: mental aptitude, physical 
18ability, preferences, moral character, and health. The mental 
19aptitude, physical ability, and preference components shall 
20determine an applicant's qualification for and placement on the 
21final register of eligibles. The examination may also include a 
22subjective component based on merit criteria as determined by 
23the commission. Scores from the examination must be made 
24available to the public.
25 (e) Mental aptitude. No person who does not possess at 
26least a high school diploma or an equivalent high school 
 
 
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1education shall be placed on a register of eligibles. 
2Examination of an applicant's mental aptitude shall be based 
3upon a written examination. The examination shall be practical 
4in character and relate to those matters that fairly test the 
5capacity of the persons examined to discharge the duties 
6performed by members of a fire department. Written examinations 
7shall be administered in a manner that ensures the security and 
8accuracy of the scores achieved.
9 (f) Physical ability. All candidates shall be required to 
10undergo an examination of their physical ability to perform the 
11essential functions included in the duties they may be called 
12upon to perform as a member of a fire department. For the 
13purposes of this Section, essential functions of the job are 
14functions associated with duties that a firefighter may be 
15called upon to perform in response to emergency calls. The 
16frequency of the occurrence of those duties as part of the fire 
17department's regular routine shall not be a controlling factor 
18in the design of examination criteria or evolutions selected 
19for testing. These physical examinations shall be open, 
20competitive, and based on industry standards designed to test 
21each applicant's physical abilities in the following 
22dimensions:
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 
 
 
HB3203- 28 -LRB099 08813 AWJ 28984 b


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

14capabilities in each of these dimensions may be tests based on

15industry standards currently in use or equivalent tests 
16approved by the Joint Labor-Management Committee of the Office 
17of the State Fire Marshal. 
18 Physical ability examinations administered under this 
19Section shall be conducted with a reasonable number of proctors 
20and monitors, open to the public, and subject to reasonable 
21regulations of the commission.
22 (g) Scoring of examination components. Appointing 
23authorities may create a preliminary eligibility register. A 
24person shall be placed on the list based upon his or her 
25passage of the written examination or the passage of the 
26written examination and the physical ability component. 
 
 
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1Passage of the written examination means attaining the minimum 
2score set by the commission. Minimum scores should be set by 
3the commission so as to demonstrate a candidate's ability to 
4perform the essential functions of the job. The minimum score 
5set by the commission shall be supported by appropriate 
6validation evidence and shall comply with all applicable State 
7state and federal laws. The appointing authority may conduct 
8the physical ability component and any subjective components 
9subsequent to the posting of the preliminary eligibility 
10register.
11 The examination components for an initial eligibility 
12register shall be graded on a 100-point scale. A person's 
13position on the list shall be determined by the following: (i)

14the person's score on the written examination, (ii) the person

15successfully passing the physical ability component, and (iii) 
16the
person's results on any subjective component as described 
17in
subsection (d). 
18 In order to qualify for placement on the final eligibility 
19register, an applicant's score on the written examination, 
20before any applicable preference points or subjective points 
21are applied, shall be at or above the minimum score as set by 
22the commission. The local appointing authority may prescribe 
23the score to qualify for placement on the final eligibility 
24register, but the score shall not be less than the minimum 
25score set by the commission.
26 The commission shall prepare and keep a register of persons 
 
 
HB3203- 30 -LRB099 08813 AWJ 28984 b


1whose total score is not less than the minimum score for 
2passage and who have passed the physical ability examination. 
3These persons shall take rank upon the register as candidates 
4in the order of their relative excellence based on the highest 
5to the lowest total points scored on the mental aptitude, 
6subjective component, and preference components of the test 
7administered in accordance with this Section. No more than 60 
8days after each examination, an initial eligibility list shall 
9be posted by the commission. The list shall include the final 
10grades of the candidates without reference to priority of the 
11time of examination and subject to claim for preference credit.
12 Commissions may conduct additional examinations, including 
13without limitation a polygraph test, after a final eligibility 
14register is established and before it expires with the 
15candidates ranked by total score without regard to date of 
16examination. No more than 60 days after each examination, an 
17initial eligibility list shall be posted by the commission 
18showing the final grades of the candidates without reference to 
19priority of time of examination and subject to claim for 
20preference 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 
 
 
HB3203- 31 -LRB099 08813 AWJ 28984 b


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 
 
 
HB3203- 32 -LRB099 08813 AWJ 28984 b


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 
 
 
HB3203- 33 -LRB099 08813 AWJ 28984 b


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- 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 
11claim the credit before any examination held under the 
12provisions of this Section, but the preference shall be given 
13after the posting or publication of the initial eligibility 
14list or register at the request of a person entitled to a 
15credit before any certification or appointments are made from 
16the eligibility register, upon the furnishing of verifiable 
17evidence and proof of qualifying preference credit. Candidates 
18who are eligible for preference credit shall make a claim in 
19writing within 10 days after the posting of the initial 
20eligibility list, or the claim shall be deemed waived. Final 
21eligibility registers shall be established after the awarding 
22of verified preference points. All employment shall be subject 
23to the commission's initial hire background review including, 
24but not limited to, criminal history, employment history, moral 
25character, oral examination, and medical and psychological 
26examinations, all on a pass-fail basis. The medical and 
 
 
HB3203- 35 -LRB099 08813 AWJ 28984 b


1psychological examinations must be conducted last, and may only 
2be performed after a conditional offer of employment has been 
3extended.
4 Any person placed on an eligibility list who exceeds the 
5age requirement before being appointed to a fire department 
6shall remain eligible for appointment until the list is 
7abolished, or his or her name has been on the list for a period 
8of 2 years. No person who has attained the age of 35 years 
9shall be inducted into a fire department, except as otherwise 
10provided in this Section.
11 The commission shall strike off the names of candidates for 
12original appointment after the names have been on the list for 
13more than 2 years.
14 (i) Moral character. No person shall be appointed to a fire 
15department unless he or she is a person of good character; not 
16a habitual drunkard, a gambler, or a person who has been 
17convicted of a felony or a crime involving moral turpitude. 
18However, no person shall be disqualified from appointment to 
19the fire department because of the person's record of 
20misdemeanor convictions except those under Sections 11-6, 
2111-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 
2212-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 
2331-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections 
241, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the 
25Criminal Code of 2012, or arrest for any cause without 
26conviction thereon. Any such person who is in the department 
 
 
HB3203- 36 -LRB099 08813 AWJ 28984 b


1may be removed on charges brought for violating this subsection 
2and after a trial as hereinafter provided.
3 A classifiable set of the fingerprints of every person who 
4is offered employment as a certificated member of an affected 
5fire department whether with or without compensation, shall be 
6furnished to the Illinois Department of State Police and to the 
7Federal Bureau of Investigation by the commission.
8 Whenever a commission is authorized or required by law to 
9consider some aspect of criminal history record information for 
10the purpose of carrying out its statutory powers and 
11responsibilities, then, upon request and payment of fees in 
12conformance with the requirements of Section 2605-400 of the 
13State Police Law of the Civil Administrative Code of Illinois, 
14the Department of State Police is authorized to furnish, 
15pursuant to positive identification, the information contained 
16in State files as is necessary to fulfill the request.
17 (j) Temporary appointments. In order to prevent a stoppage 
18of public business, to meet extraordinary exigencies, or to 
19prevent material impairment of the fire department, the 
20commission may make temporary appointments, to remain in force 
21only until regular appointments are made under the provisions 
22of this Division, but never to exceed 60 days. No temporary 
23appointment of any one person shall be made more than twice in 
24any calendar year.
25 (k) A person who knowingly divulges or receives test 
26questions or answers before a written examination, or otherwise 
 
 
HB3203- 37 -LRB099 08813 AWJ 28984 b


1knowingly violates or subverts any requirement of this Section, 
2commits a violation of this Section and may be subject to 
3charges for official misconduct.
4 A person who is the knowing recipient of test information 
5in advance of the examination shall be disqualified from the 
6examination or discharged from the position to which he or she 
7was appointed, as applicable, and otherwise subjected to 
8disciplinary actions.

9(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 
1097-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff. 
118-15-14, revised 10-2-14.)


12 Section 99. Effective date. This Act takes effect upon 
13becoming law.