Bill Amendment: IL HB5201 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL GOVERNMENT-TECH

Status: 2016-06-30 - Rule 19(a) / Re-referred to Rules Committee [HB5201 Detail]

Download: Illinois-2015-HB5201-House_Amendment_001.html

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Rep. Jehan Gordon-Booth

Filed: 4/6/2016

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AMENDMENT TO HOUSE BILL 5201
AMENDMENT NO. ______. Amend House Bill 5201 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Section 10-1-7.1 as follows:
(65 ILCS 5/10-1-7.1)
Sec. 10-1-7.1. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 10-1-7.2, this Section shall apply to all
original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251) this amendatory Act of the 97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law

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to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before August 4, 2011 (the effective date of
Public Act 97-251) this amendatory Act of the 97th General
Assembly is exempt from the requirements of this Section for
the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made

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to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new position
or vacancy due to resignation, discharge, promotion, death, the
granting of a disability or retirement pension, or any other
cause, the appointing authority shall appoint to that position
the person with the highest ranking on the final eligibility
list. If the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position or if the appointing authority believes an
alternate candidate would better serve the needs of the
department, then the appointing authority has the right to pass
over the highest ranked person and appoint either: (i) any
person who has a ranking in the top 5% of the register of
eligibles or (ii) any person who is among the top 5 highest
ranked persons on the list of eligibles if the number of people
who have a ranking in the top 5% of the register of eligibles
is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any

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candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall not
prejudice a person's opportunities to participate in future
examinations, including an examination held during the time a
candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the Civil Service Commission. All
certificates of appointment issued to any officer or member of
an affected department shall be signed by the chairperson and
secretary, respectively, of the commission upon appointment of
such officer or member to the affected department by the
commission. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of the
97th General Assembly appointed to a fire department or fire
protection district or employed by a State university and sworn
or commissioned to perform firefighter duties or paramedic
duties, or both, except that the following persons are not
included: part-time firefighters; auxiliary, reserve, or
voluntary firefighters, including paid-on-call firefighters;
clerks and dispatchers or other civilian employees of a fire

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department or fire protection district who are not routinely
expected to perform firefighter duties; and elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required of
members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the municipality
shall by ordinance limit applicants to residents of the
municipality, county or counties in which the municipality is
located, State, or nation. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable State and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other pre-requisites for participation
in an examination or for hire as a firefighter. Any
municipality may charge a fee to cover the costs of the
application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of

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promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to the
Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located in
Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21
of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district,
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the municipality begins to use full-time firefighters
to provide all or part of its fire protection service, or
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National

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Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this Section,
the probationary employment period limitation may be extended
for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final
eligibility register provided for in this Division 1 has not
been appointed to a firefighter position within one year after
the date of his or her physical ability examination, the

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commission may cause a second examination to be made of that
applicant's physical ability prior to his or her appointment.
If, after the second examination, the physical ability of the
applicant shall be found to be less than the minimum standard
fixed by the rules of the commission, the applicant shall not
be appointed. The applicant's name may be retained upon the
register of candidates eligible for appointment and when next
reached for certification and appointment that applicant may be
again examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental

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aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made
available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected

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for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,
walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this

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Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the commission so as to demonstrate a candidate's ability to
perform the essential functions of the job. The minimum score
set by the commission shall be supported by appropriate
validation evidence and shall comply with all applicable State
and federal laws. The appointing authority may conduct the
physical ability component and any subjective components
subsequent to the posting of the preliminary eligibility
register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility

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register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum score for
passage and who have passed the physical ability examination.
These persons shall take rank upon the register as candidates
in the order of their relative excellence based on the highest
to the lowest total points scored on the mental aptitude,
subjective component, and preference components of the test
administered in accordance with this Section. No more than 60
days after each examination, an initial eligibility list shall
be posted by the commission. The list shall include the final
grades of the candidates without reference to priority of the
time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference to

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priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(1-5) Minorities shall be preferred for appointment
to, and employment with, the fire department of an affected
department. For purposes of this paragraph, "minority"
means a person who is any of the following: (1) American
Indian or Alaska Native (a person having origins in any of
the original peoples of North and South America, including
Central America, and who maintains tribal affiliation or
community attachment); (2) Asian (a person having origins
in any of the original peoples of the Far East, Southeast
Asia, or the Indian subcontinent, including, but not
limited to, Cambodia, China, India, Japan, Korea,
Malaysia, Pakistan, the Philippine Islands, Thailand, and
Vietnam); (3) Black or African American (a person having
origins in any of the black racial groups of Africa). Terms
such as "Haitian" or "Negro" can be used in addition to

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"Black or African American"; (4) Hispanic or Latino (a
person of Cuban, Mexican, Puerto Rican, South or Central
American, or other Spanish culture or origin, regardless of
race); (5) Native Hawaiian or other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(1-10) Women shall be preferred for appointment to, and
employment with, the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire
department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.

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(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, certified Firefighter III, State
of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the applicant
may not be awarded more than 0.5 points for each complete
year of paid-on-call or part-time service. Applicants from
outside the municipality who were employed as full-time
firefighters or firefighter-paramedics by a fire
protection district or another municipality may be awarded
up to 5 experience preference points. However, the
applicant may not be awarded more than one point for each
complete year of full-time service.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to

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pass a veteran, the candidates shall be placed on the list
below the veteran in rank order based on the totals
received if all points under this subsection were to be
awarded. Any remaining ties on the list shall be determined
by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in items item (1), (1-5), and (1-10) by adding to the final
grade that they receive 5 points for the recognized
preference achieved. However, no more than 5 points may be
added to the final grade of a person who meets the
requirements of both (1-5) and (1-10). The commission shall
determine the number of preference points for each category
except (1), (1-5), and (1-10). The number of preference
points for each category shall range from 0 to 5. In
determining the number of preference points, the
commission shall prescribe that if a candidate earns the
maximum number of preference points in all categories, that

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number may not be less than 10 nor more than 30. The
commission shall give preference for original appointment
to persons designated in items (2) through (7) by adding
the requisite number of points to the final grade for each
recognized preference achieved. The numerical result thus
attained shall be applied by the commission in determining
the final eligibility list and appointment from the
eligibility list. The local appointing authority may
prescribe the total number of preference points awarded
under this Section, but the total number of preference
points shall not be less than 10 points or more than 30
points.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. All employment shall be subject
to the commission's initial hire background review including,

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but not limited to, criminal history, employment history, moral
character, oral examination, and medical and psychological
examinations, all on a pass-fail basis. The medical and
psychological examinations must be conducted last, and may only
be performed after a conditional offer of employment has been
extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections

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1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrest for any cause without
conviction thereon. Any such person who is in the department
may be removed on charges brought for violating this subsection
and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in

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any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or otherwise
knowingly violates or subverts any requirement of this Section,
commits a violation of this Section and may be subject to
charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14;
99-78, eff. 7-20-15; 99-379, eff. 8-17-15.)".