Bill Text: IL HB0616 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Municipal Code and Fire Protection District Act. Provides that after a firefighter is selected from the register of eligibles to fill a vacancy in a fire department or fire protection district, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department or district. Provides that firefighters who were not issued a certificate of appointment when originally appointed may make a written request to receive one. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-06-27 - Sent to the Governor [HB0616 Detail]

Download: Illinois-2017-HB0616-Enrolled.html



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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, 10-2.1-4, and 10-2.1-6.3 as
6follows:
7 (65 ILCS 5/10-1-7.1)
8 Sec. 10-1-7.1. Original appointments; full-time fire
9department.
10 (a) Applicability. Unless a commission elects to follow the
11provisions of Section 10-1-7.2, this Section shall apply to all
12original 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

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

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

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1 The sole authority to issue certificates of appointment
2shall be vested in the Civil Service Commission. All
3certificates of appointment issued to any officer or member of
4an affected department shall be signed by the chairperson and
5secretary, respectively, of the commission upon appointment of
6such officer or member to the affected department by the
7commission. After being selected from the register of eligibles
8to fill a vacancy in the affected department, each appointee
9shall be presented with his or her certificate of appointment
10on the day on which he or she is sworn in as a classified member
11of the affected department. Firefighters who were not issued a
12certificate of appointment when originally appointed shall be
13provided with a certificate within 10 days after making a
14written request to the chairperson of the Civil Service
15Commission. Each person who accepts a certificate of
16appointment and successfully completes his or her probationary
17period shall be enrolled as a firefighter and as a regular
18member of the fire department.
19 For the purposes of this Section, "firefighter" means any
20person who has been prior to, on, or after the effective date
21of this amendatory Act of the 97th General Assembly appointed
22to a fire department or fire protection district or employed by
23a State university and sworn or commissioned to perform
24firefighter duties or paramedic duties, or both, except that
25the following persons are not included: part-time
26firefighters; auxiliary, reserve, or voluntary firefighters,

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1including paid-on-call firefighters; clerks and dispatchers or
2other civilian employees of a fire department or fire
3protection district who are not routinely expected to perform
4firefighter duties; and elected officials.
5 (c) Qualification for placement on register of eligibles.
6The purpose of establishing a register of eligibles is to
7identify applicants who possess and demonstrate the mental
8aptitude and physical ability to perform the duties required of
9members of the fire department in order to provide the highest
10quality of service to the public. To this end, all applicants
11for original appointment to an affected fire department shall
12be subject to examination and testing which shall be public,
13competitive, and open to all applicants unless the municipality
14shall by ordinance limit applicants to residents of the
15municipality, county or counties in which the municipality is
16located, State, or nation. Any examination and testing
17procedure utilized under subsection (e) of this Section shall
18be supported by appropriate validation evidence and shall
19comply with all applicable State and federal laws.
20Municipalities may establish educational, emergency medical
21service licensure, and other pre-requisites for participation
22in an examination or for hire as a firefighter. Any
23municipality may charge a fee to cover the costs of the
24application process.
25 Residency requirements in effect at the time an individual
26enters the fire service of a municipality cannot be made more

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1restrictive for that individual during his or her period of
2service for that municipality, or be made a condition of
3promotion, except for the rank or position of fire chief and
4for no more than 2 positions that rank immediately below that
5of the chief rank which are appointed positions pursuant to the
6Fire Department Promotion Act.
7 No person who is 35 years of age or older shall be eligible
8to take an examination for a position as a firefighter unless
9the person has had previous employment status as a firefighter
10in the regularly constituted fire department of the
11municipality, except as provided in this Section. The age
12limitation does not apply to:
13 (1) any person previously employed as a full-time
14 firefighter in a regularly constituted fire department of
15 (i) any municipality or fire protection district located in
16 Illinois, (ii) a fire protection district whose
17 obligations were assumed by a municipality under Section 21
18 of the Fire Protection District Act, or (iii) a
19 municipality whose obligations were taken over by a fire
20 protection district,
21 (2) any person who has served a municipality as a
22 regularly enrolled volunteer, paid-on-call, or part-time
23 firefighter for the 5 years immediately preceding the time
24 that the municipality begins to use full-time firefighters
25 to provide all or part of its fire protection service, or
26 (3) any person who turned 35 while serving as a member

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1 of the active or reserve components of any of the branches
2 of the Armed Forces of the United States or the National
3 Guard of any state, whose service was characterized as
4 honorable or under honorable, if separated from the
5 military, and is currently under the age of 40.
6 No person who is under 21 years of age shall be eligible
7for employment as a firefighter.
8 No applicant shall be examined concerning his or her
9political or religious opinions or affiliations. The
10examinations shall be conducted by the commissioners of the
11municipality or their designees and agents.
12 No municipality shall require that any firefighter
13appointed to the lowest rank serve a probationary employment
14period of longer than one year of actual active employment,
15which may exclude periods of training, or injury or illness
16leaves, including duty related leave, in excess of 30 calendar
17days. Notwithstanding anything to the contrary in this Section,
18the probationary employment period limitation may be extended
19for a firefighter who is required, as a condition of
20employment, to be a licensed paramedic, during which time the
21sole reason that a firefighter may be discharged without a
22hearing is for failing to meet the requirements for paramedic
23licensure.
24 In the event that any applicant who has been found eligible
25for appointment and whose name has been placed upon the final
26eligibility register provided for in this Division 1 has not

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1been appointed to a firefighter position within one year after
2the date of his or her physical ability examination, the
3commission may cause a second examination to be made of that
4applicant's physical ability prior to his or her appointment.
5If, after the second examination, the physical ability of the
6applicant shall be found to be less than the minimum standard
7fixed by the rules of the commission, the applicant shall not
8be appointed. The applicant's name may be retained upon the
9register of candidates eligible for appointment and when next
10reached for certification and appointment that applicant may be
11again examined as provided in this Section, and if the physical
12ability of that applicant is found to be less than the minimum
13standard fixed by the rules of the commission, the applicant
14shall not be appointed, and the name of the applicant shall be
15removed from the register.
16 (d) Notice, examination, and testing components. Notice of
17the time, place, general scope, merit criteria for any
18subjective component, and fee of every examination shall be
19given by the commission, by a publication at least 2 weeks
20preceding the examination: (i) in one or more newspapers
21published in the municipality, or if no newspaper is published
22therein, then in one or more newspapers with a general
23circulation within the municipality, or (ii) on the
24municipality's Internet website. Additional notice of the
25examination may be given as the commission shall prescribe.
26 The examination and qualifying standards for employment of

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1firefighters shall be based on: mental aptitude, physical
2ability, preferences, moral character, and health. The mental
3aptitude, physical ability, and preference components shall
4determine an applicant's qualification for and placement on the
5final register of eligibles. The examination may also include a
6subjective component based on merit criteria as determined by
7the commission. Scores from the examination must be made
8available to the public.
9 (e) Mental aptitude. No person who does not possess at
10least a high school diploma or an equivalent high school
11education shall be placed on a register of eligibles.
12Examination of an applicant's mental aptitude shall be based
13upon a written examination. The examination shall be practical
14in character and relate to those matters that fairly test the
15capacity of the persons examined to discharge the duties
16performed by members of a fire department. Written examinations
17shall be administered in a manner that ensures the security and
18accuracy of the scores achieved.
19 (f) Physical ability. All candidates shall be required to
20undergo an examination of their physical ability to perform the
21essential functions included in the duties they may be called
22upon to perform as a member of a fire department. For the
23purposes of this Section, essential functions of the job are
24functions associated with duties that a firefighter may be
25called upon to perform in response to emergency calls. The
26frequency of the occurrence of those duties as part of the fire

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1department's regular routine shall not be a controlling factor
2in the design of examination criteria or evolutions selected
3for testing. These physical examinations shall be open,
4competitive, and based on industry standards designed to test
5each applicant's physical abilities in the following
6dimensions:
7 (1) Muscular strength to perform tasks and evolutions
8 that may be required in the performance of duties including
9 grip strength, leg strength, and arm strength. Tests shall
10 be conducted under anaerobic as well as aerobic conditions
11 to test both the candidate's speed and endurance in
12 performing tasks and evolutions. Tasks tested may be based
13 on standards developed, or approved, by the local
14 appointing authority.
15 (2) The ability to climb ladders, operate from heights,
16 walk or crawl in the dark along narrow and uneven surfaces,
17 and operate in proximity to hazardous environments.
18 (3) The ability to carry out critical, time-sensitive,
19 and complex problem solving during physical exertion in
20 stressful and hazardous environments. The testing
21 environment may be hot and dark with tightly enclosed
22 spaces, flashing lights, sirens, and other distractions.
23 The tests utilized to measure each applicant's
24capabilities in each of these dimensions may be tests based on
25industry standards currently in use or equivalent tests
26approved by the Joint Labor-Management Committee of the Office

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1of the State Fire Marshal.
2 Physical ability examinations administered under this
3Section shall be conducted with a reasonable number of proctors
4and monitors, open to the public, and subject to reasonable
5regulations of the commission.
6 (g) Scoring of examination components. Appointing
7authorities may create a preliminary eligibility register. A
8person shall be placed on the list based upon his or her
9passage of the written examination or the passage of the
10written examination and the physical ability component.
11Passage of the written examination means attaining the minimum
12score set by the commission. Minimum scores should be set by
13the commission so as to demonstrate a candidate's ability to
14perform the essential functions of the job. The minimum score
15set by the commission shall be supported by appropriate
16validation evidence and shall comply with all applicable State
17and federal laws. The appointing authority may conduct the
18physical ability component and any subjective components
19subsequent to the posting of the preliminary eligibility
20register.
21 The examination components for an initial eligibility
22register shall be graded on a 100-point scale. A person's
23position on the list shall be determined by the following: (i)
24the person's score on the written examination, (ii) the person
25successfully passing the physical ability component, and (iii)
26the person's results on any subjective component as described

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

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1initial eligibility list shall be posted by the commission
2showing the final grades of the candidates without reference to
3priority of time of examination and subject to claim for
4preference credit.
5 (h) Preferences. The following are preferences:
6 (1) Veteran preference. Persons who were engaged in the
7 military service of the United States for a period of at
8 least one year of active duty and who were honorably
9 discharged therefrom, or who are now or have been members
10 on inactive or reserve duty in such military or naval
11 service, shall be preferred for appointment to and
12 employment with the fire department of an affected
13 department.
14 (2) Fire cadet preference. Persons who have
15 successfully completed 2 years of study in fire techniques
16 or cadet training within a cadet program established under
17 the rules of the Joint Labor and Management Committee
18 (JLMC), as defined in Section 50 of the Fire Department
19 Promotion Act, may be preferred for appointment to and
20 employment with the fire department.
21 (3) Educational preference. Persons who have
22 successfully obtained an associate's degree in the field of
23 fire service or emergency medical services, or a bachelor's
24 degree from an accredited college or university may be
25 preferred for appointment to and employment with the fire
26 department.

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1 (4) Paramedic preference. Persons who have obtained a
2 license as a paramedic may be preferred for appointment to
3 and employment with the fire department of an affected
4 department providing emergency medical services.
5 (5) Experience preference. All persons employed by a
6 municipality who have been paid-on-call or part-time
7 certified Firefighter II, certified Firefighter III, State
8 of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
9 paramedic, or any combination of those capacities may be
10 awarded up to a maximum of 5 points. However, the applicant
11 may not be awarded more than 0.5 points for each complete
12 year of paid-on-call or part-time service. Applicants from
13 outside the municipality who were employed as full-time
14 firefighters or firefighter-paramedics by a fire
15 protection district or another municipality may be awarded
16 up to 5 experience preference points. However, the
17 applicant may not be awarded more than one point for each
18 complete year of full-time service.
19 Upon request by the commission, the governing body of
20 the municipality or in the case of applicants from outside
21 the municipality the governing body of any fire protection
22 district or any other municipality shall certify to the
23 commission, within 10 days after the request, the number of
24 years of successful paid-on-call, part-time, or full-time
25 service of any person. A candidate may not receive the full
26 amount of preference points under this subsection if the

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1 amount of points awarded would place the candidate before a
2 veteran on the eligibility list. If more than one candidate
3 receiving experience preference points is prevented from
4 receiving all of their points due to not being allowed to
5 pass a veteran, the candidates shall be placed on the list
6 below the veteran in rank order based on the totals
7 received if all points under this subsection were to be
8 awarded. Any remaining ties on the list shall be determined
9 by lot.
10 (6) Residency preference. Applicants whose principal
11 residence is located within the fire department's
12 jurisdiction may be preferred for appointment to and
13 employment with the fire department.
14 (7) Additional preferences. Up to 5 additional
15 preference points may be awarded for unique categories
16 based on an applicant's experience or background as
17 identified by the commission.
18 (8) Scoring of preferences. The commission shall give
19 preference for original appointment to persons designated
20 in item (1) by adding to the final grade that they receive
21 5 points for the recognized preference achieved. The
22 commission shall determine the number of preference points
23 for each category except (1). The number of preference
24 points for each category shall range from 0 to 5. In
25 determining the number of preference points, the
26 commission shall prescribe that if a candidate earns the

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1 maximum number of preference points in all categories, that
2 number may not be less than 10 nor more than 30. The
3 commission shall give preference for original appointment
4 to persons designated in items (2) through (7) by adding
5 the requisite number of points to the final grade for each
6 recognized preference achieved. The numerical result thus
7 attained shall be applied by the commission in determining
8 the final eligibility list and appointment from the
9 eligibility list. The local appointing authority may
10 prescribe the total number of preference points awarded
11 under this Section, but the total number of preference
12 points shall not be less than 10 points or more than 30
13 points.
14 No person entitled to any preference shall be required to
15claim the credit before any examination held under the
16provisions of this Section, but the preference shall be given
17after the posting or publication of the initial eligibility
18list or register at the request of a person entitled to a
19credit before any certification or appointments are made from
20the eligibility register, upon the furnishing of verifiable
21evidence and proof of qualifying preference credit. Candidates
22who are eligible for preference credit shall make a claim in
23writing within 10 days after the posting of the initial
24eligibility list, or the claim shall be deemed waived. Final
25eligibility registers shall be established after the awarding
26of verified preference points. All employment shall be subject

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1to the commission's initial hire background review including,
2but not limited to, criminal history, employment history, moral
3character, oral examination, and medical and psychological
4examinations, all on a pass-fail basis. The medical and
5psychological examinations must be conducted last, and may only
6be performed after a conditional offer of employment has been
7extended.
8 Any person placed on an eligibility list who exceeds the
9age requirement before being appointed to a fire department
10shall remain eligible for appointment until the list is
11abolished, or his or her name has been on the list for a period
12of 2 years. No person who has attained the age of 35 years
13shall be inducted into a fire department, except as otherwise
14provided in this Section.
15 The commission shall strike off the names of candidates for
16original appointment after the names have been on the list for
17more than 2 years.
18 (i) Moral character. No person shall be appointed to a fire
19department unless he or she is a person of good character; not
20a habitual drunkard, a gambler, or a person who has been
21convicted of a felony or a crime involving moral turpitude.
22However, no person shall be disqualified from appointment to
23the fire department because of the person's record of
24misdemeanor convictions except those under Sections 11-6,
2511-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2612-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

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131-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
21, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
3Criminal Code of 2012, or arrest for any cause without
4conviction thereon. Any such person who is in the department
5may be removed on charges brought for violating this subsection
6and after a trial as hereinafter provided.
7 A classifiable set of the fingerprints of every person who
8is offered employment as a certificated member of an affected
9fire department whether with or without compensation, shall be
10furnished to the Illinois Department of State Police and to the
11Federal Bureau of Investigation by the commission.
12 Whenever a commission is authorized or required by law to
13consider some aspect of criminal history record information for
14the purpose of carrying out its statutory powers and
15responsibilities, then, upon request and payment of fees in
16conformance with the requirements of Section 2605-400 of the
17State Police Law of the Civil Administrative Code of Illinois,
18the Department of State Police is authorized to furnish,
19pursuant to positive identification, the information contained
20in State files as is necessary to fulfill the request.
21 (j) Temporary appointments. In order to prevent a stoppage
22of public business, to meet extraordinary exigencies, or to
23prevent material impairment of the fire department, the
24commission may make temporary appointments, to remain in force
25only until regular appointments are made under the provisions
26of this Division, but never to exceed 60 days. No temporary

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1appointment of any one person shall be made more than twice in
2any calendar year.
3 (k) A person who knowingly divulges or receives test
4questions or answers before a written examination, or otherwise
5knowingly violates or subverts any requirement of this Section,
6commits a violation of this Section and may be subject to
7charges for official misconduct.
8 A person who is the knowing recipient of test information
9in advance of the examination shall be disqualified from the
10examination or discharged from the position to which he or she
11was appointed, as applicable, and otherwise subjected to
12disciplinary actions.
13(Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14;
1499-78, eff. 7-20-15; 99-379, eff. 8-17-15.)
15 (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
16 Sec. 10-2.1-4. Fire and police departments; Appointment of
17members; Certificates of appointments.
18 The board of fire and police commissioners shall appoint
19all officers and members of the fire and police departments of
20the municipality, including the chief of police and the chief
21of the fire department, unless the council or board of trustees
22shall by ordinance as to them otherwise provide; except as
23otherwise provided in this Section, and except that in any
24municipality which adopts or has adopted this Division 2.1 and
25also adopts or has adopted Article 5 of this Code, the chief of

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1police and the chief of the fire department shall be appointed
2by the municipal manager, if it is provided by ordinance in
3such municipality that such chiefs, or either of them, shall
4not be appointed by the board of fire and police commissioners.
5 If the chief of the fire department or the chief of the
6police department or both of them are appointed in the manner
7provided by ordinance, they may be removed or discharged by the
8appointing authority. In such case the appointing authority
9shall file with the corporate authorities the reasons for such
10removal or discharge, which removal or discharge shall not
11become effective unless confirmed by a majority vote of the
12corporate authorities.
13 If a member of the department is appointed chief of police
14or chief of the fire department prior to being eligible to
15retire on pension, he shall be considered as on furlough from
16the rank he held immediately prior to his appointment as chief.
17If he resigns as chief or is discharged as chief prior to
18attaining eligibility to retire on pension, he shall revert to
19and be established in whatever rank he currently holds, except
20for previously appointed positions, and thereafter be entitled
21to all the benefits and emoluments of that rank, without regard
22as to whether a vacancy then exists in that rank.
23 All appointments to each department other than that of the
24lowest rank, however, shall be from the rank next below that to
25which the appointment is made except as otherwise provided in
26this Section, and except that the chief of police and the chief

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1of the fire department may be appointed from among members of
2the police and fire departments, respectively, regardless of
3rank, unless the council or board of trustees shall have by
4ordinance as to them otherwise provided. A chief of police or
5the chief of the fire department, having been appointed from
6among members of the police or fire department, respectively,
7shall be permitted, regardless of rank, to take promotional
8exams and be promoted to a higher classified rank than he
9currently holds, without having to resign as chief of police or
10chief of the fire department.
11 The sole authority to issue certificates of appointment
12shall be vested in the Board of Fire and Police Commissioners
13and all certificates of appointments issued to any officer or
14member of the fire or police department of a municipality shall
15be signed by the chairman and secretary respectively of the
16board of fire and police commissioners of such municipality,
17upon appointment of such officer or member of the fire and
18police department of such municipality by action of the board
19of fire and police commissioners. After being selected from the
20register of eligibles to fill a vacancy in the affected
21department, each appointee shall be presented with his or her
22certificate of appointment on the day on which he or she is
23sworn in as a classified member of the affected department.
24Firefighters who were not issued a certificate of appointment
25when originally appointed shall be provided with a certificate
26within 10 days after making a written request to the

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1chairperson of the Board of Fire and Police Commissioners. In
2any municipal fire department that employs full-time
3firefighters and is subject to a collective bargaining
4agreement, a person who has not qualified for regular
5appointment under the provisions of this Division 2.1 shall not
6be used as a temporary or permanent substitute for classified
7members of a municipality's fire department or for regular
8appointment as a classified member of a municipality's fire
9department unless mutually agreed to by the employee's
10certified bargaining agent. Such agreement shall be considered
11a permissive subject of bargaining. Municipal fire departments
12covered by the changes made by this amendatory Act of the 95th
13General Assembly that are using non-certificated employees as
14substitutes immediately prior to the effective date of this
15amendatory Act of the 95th General Assembly may, by mutual
16agreement with the certified bargaining agent, continue the
17existing practice or a modified practice and that agreement
18shall be considered a permissive subject of bargaining. A home
19rule unit may not regulate the hiring of temporary or
20substitute members of the municipality's fire department in a
21manner that is inconsistent with this Section. This Section is
22a limitation under subsection (i) of Section 6 of Article VII
23of the Illinois Constitution on the concurrent exercise by home
24rule units of powers and functions exercised by the State.
25 The term "policemen" as used in this Division does not
26include auxiliary police officers except as provided for in

HB0616 Enrolled- 23 -LRB100 06097 AWJ 16129 b
1Section 10-2.1-6.
2 Any full time member of a regular fire or police department
3of any municipality which comes under the provisions of this
4Division or adopts this Division 2.1 or which has adopted any
5of the prior Acts pertaining to fire and police commissioners,
6is a city officer.
7 Notwithstanding any other provision of this Section, the
8Chief of Police of a department in a non-home rule municipality
9of more than 130,000 inhabitants may, without the advice or
10consent of the Board of Fire and Police Commissioners, appoint
11up to 6 officers who shall be known as deputy chiefs or
12assistant deputy chiefs, and whose rank shall be immediately
13below that of Chief. The deputy or assistant deputy chiefs may
14be appointed from any rank of sworn officers of that
15municipality, but no person who is not such a sworn officer may
16be so appointed. Such deputy chief or assistant deputy chief
17shall have the authority to direct and issue orders to all
18employees of the Department holding the rank of captain or any
19lower rank. A deputy chief of police or assistant deputy chief
20of police, having been appointed from any rank of sworn
21officers of that municipality, shall be permitted, regardless
22of rank, to take promotional exams and be promoted to a higher
23classified rank than he currently holds, without having to
24resign as deputy chief of police or assistant deputy chief of
25police.
26 Notwithstanding any other provision of this Section, a

HB0616 Enrolled- 24 -LRB100 06097 AWJ 16129 b
1non-home rule municipality of 130,000 or fewer inhabitants,
2through its council or board of trustees, may, by ordinance,
3provide for a position of deputy chief to be appointed by the
4chief of the police department. The ordinance shall provide for
5no more than one deputy chief position if the police department
6has fewer than 25 full-time police officers and for no more
7than 2 deputy chief positions if the police department has 25
8or more full-time police officers. The deputy chief position
9shall be an exempt rank immediately below that of Chief. The
10deputy chief may be appointed from any rank of sworn, full-time
11officers of the municipality's police department, but must have
12at least 5 years of full-time service as a police officer in
13that department. A deputy chief shall serve at the discretion
14of the Chief and, if removed from the position, shall revert to
15the rank currently held, without regard as to whether a vacancy
16exists in that rank. A deputy chief of police, having been
17appointed from any rank of sworn full-time officers of that
18municipality's police department, shall be permitted,
19regardless of rank, to take promotional exams and be promoted
20to a higher classified rank than he currently holds, without
21having to resign as deputy chief of police.
22 No municipality having a population less than 1,000,000
23shall require that any firefighter appointed to the lowest rank
24serve a probationary employment period of longer than one year.
25The limitation on periods of probationary employment provided
26in this amendatory Act of 1989 is an exclusive power and

HB0616 Enrolled- 25 -LRB100 06097 AWJ 16129 b
1function of the State. Pursuant to subsection (h) of Section 6
2of Article VII of the Illinois Constitution, a home rule
3municipality having a population less than 1,000,000 must
4comply with this limitation on periods of probationary
5employment, which is a denial and limitation of home rule
6powers. Notwithstanding anything to the contrary in this
7Section, the probationary employment period limitation may be
8extended for a firefighter who is required, as a condition of
9employment, to be a licensed paramedic, during which time the
10sole reason that a firefighter may be discharged without a
11hearing is for failing to meet the requirements for paramedic
12licensure.
13 To the extent that this Section or any other Section in
14this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
15then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
16(Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12;
1798-973, eff. 8-15-14.)
18 (65 ILCS 5/10-2.1-6.3)
19 Sec. 10-2.1-6.3. Original appointments; full-time fire
20department.
21 (a) Applicability. Unless a commission elects to follow the
22provisions of Section 10-2.1-6.4, this Section shall apply to
23all original appointments to an affected full-time fire
24department. Existing registers of eligibles shall continue to
25be valid until their expiration dates, or up to a maximum of 2

HB0616 Enrolled- 26 -LRB100 06097 AWJ 16129 b
1years after the effective date of this amendatory Act of the
297th General Assembly.
3 Notwithstanding any statute, ordinance, rule, or other law
4to the contrary, all original appointments to an affected
5department to which this Section applies shall be administered
6in the manner provided for in this Section. Provisions of the
7Illinois Municipal Code, municipal ordinances, and rules
8adopted pursuant to such authority and other laws relating to
9initial hiring of firefighters in affected departments shall
10continue to apply to the extent they are compatible with this
11Section, but in the event of a conflict between this Section
12and any other law, this Section shall control.
13 A home rule or non-home rule municipality may not
14administer its fire department process for original
15appointments in a manner that is less stringent than this
16Section. This Section is a limitation under subsection (i) of
17Section 6 of Article VII of the Illinois Constitution on the
18concurrent exercise by home rule units of the powers and
19functions exercised by the State.
20 A municipality that is operating under a court order or
21consent decree regarding original appointments to a full-time
22fire department before the effective date of this amendatory
23Act of the 97th General Assembly is exempt from the
24requirements of this Section for the duration of the court
25order or consent decree.
26 Notwithstanding any other provision of this subsection

HB0616 Enrolled- 27 -LRB100 06097 AWJ 16129 b
1(a), this Section does not apply to a municipality with more
2than 1,000,000 inhabitants.
3 (b) Original appointments. All original appointments made
4to an affected fire department shall be made from a register of
5eligibles established in accordance with the processes
6established by this Section. Only persons who meet or exceed
7the performance standards required by this Section shall be
8placed on a register of eligibles for original appointment to
9an affected fire department.
10 Whenever an appointing authority authorizes action to hire
11a person to perform the duties of a firefighter or to hire a
12firefighter-paramedic to fill a position that is a new position
13or vacancy due to resignation, discharge, promotion, death, the
14granting of a disability or retirement pension, or any other
15cause, the appointing authority shall appoint to that position
16the person with the highest ranking on the final eligibility
17list. If the appointing authority has reason to conclude that
18the highest ranked person fails to meet the minimum standards
19for the position or if the appointing authority believes an
20alternate candidate would better serve the needs of the
21department, then the appointing authority has the right to pass
22over the highest ranked person and appoint either: (i) any
23person who has a ranking in the top 5% of the register of
24eligibles or (ii) any person who is among the top 5 highest
25ranked persons on the list of eligibles if the number of people
26who have a ranking in the top 5% of the register of eligibles

HB0616 Enrolled- 28 -LRB100 06097 AWJ 16129 b
1is less than 5 people.
2 Any candidate may pass on an appointment once without
3losing his or her position on the register of eligibles. Any
4candidate who passes a second time may be removed from the list
5by the appointing authority provided that such action shall not
6prejudice a person's opportunities to participate in future
7examinations, including an examination held during the time a
8candidate is already on the municipality's register of
9eligibles.
10 The sole authority to issue certificates of appointment
11shall be vested in the board of fire and police commissioners.
12All certificates of appointment issued to any officer or member
13of an affected department shall be signed by the chairperson
14and secretary, respectively, of the board upon appointment of
15such officer or member to the affected department by action of
16the board. After being selected from the register of eligibles
17to fill a vacancy in the affected department, each appointee
18shall be presented with his or her certificate of appointment
19on the day on which he or she is sworn in as a classified member
20of the affected department. Firefighters who were not issued a
21certificate of appointment when originally appointed shall be
22provided with a certificate within 10 days after making a
23written request to the chairperson of the board of fire and
24police commissioners. Each person who accepts a certificate of
25appointment and successfully completes his or her probationary
26period shall be enrolled as a firefighter and as a regular

HB0616 Enrolled- 29 -LRB100 06097 AWJ 16129 b
1member of the fire department.
2 For the purposes of this Section, "firefighter" means any
3person who has been prior to, on, or after the effective date
4of this amendatory Act of the 97th General Assembly appointed
5to a fire department or fire protection district or employed by
6a State university and sworn or commissioned to perform
7firefighter duties or paramedic duties, or both, except that
8the following persons are not included: part-time
9firefighters; auxiliary, reserve, or voluntary firefighters,
10including paid-on-call firefighters; clerks and dispatchers or
11other civilian employees of a fire department or fire
12protection district who are not routinely expected to perform
13firefighter duties; and elected officials.
14 (c) Qualification for placement on register of eligibles.
15The purpose of establishing a register of eligibles is to
16identify applicants who possess and demonstrate the mental
17aptitude and physical ability to perform the duties required of
18members of the fire department in order to provide the highest
19quality of service to the public. To this end, all applicants
20for original appointment to an affected fire department shall
21be subject to examination and testing which shall be public,
22competitive, and open to all applicants unless the municipality
23shall by ordinance limit applicants to residents of the
24municipality, county or counties in which the municipality is
25located, State, or nation. Any examination and testing
26procedure utilized under subsection (e) of this Section shall

HB0616 Enrolled- 30 -LRB100 06097 AWJ 16129 b
1be supported by appropriate validation evidence and shall
2comply with all applicable State and federal laws.
3Municipalities may establish educational, emergency medical
4service licensure, and other pre-requisites for participation
5in an examination or for hire as a firefighter. Any
6municipality may charge a fee to cover the costs of the
7application process.
8 Residency requirements in effect at the time an individual
9enters the fire service of a municipality cannot be made more
10restrictive for that individual during his or her period of
11service for that municipality, or be made a condition of
12promotion, except for the rank or position of fire chief and
13for no more than 2 positions that rank immediately below that
14of the chief rank which are appointed positions pursuant to the
15Fire Department Promotion Act.
16 No person who is 35 years of age or older shall be eligible
17to take an examination for a position as a firefighter unless
18the person has had previous employment status as a firefighter
19in the regularly constituted fire department of the
20municipality, except as provided in this Section. The age
21limitation does not apply to:
22 (1) any person previously employed as a full-time
23 firefighter in a regularly constituted fire department of
24 (i) any municipality or fire protection district located in
25 Illinois, (ii) a fire protection district whose
26 obligations were assumed by a municipality under Section 21

HB0616 Enrolled- 31 -LRB100 06097 AWJ 16129 b
1 of the Fire Protection District Act, or (iii) a
2 municipality whose obligations were taken over by a fire
3 protection district,
4 (2) any person who has served a municipality as a
5 regularly enrolled volunteer, paid-on-call, or part-time
6 firefighter for the 5 years immediately preceding the time
7 that the municipality begins to use full-time firefighters
8 to provide all or part of its fire protection service, or
9 (3) any person who turned 35 while serving as a member
10 of the active or reserve components of any of the branches
11 of the Armed Forces of the United States or the National
12 Guard of any state, whose service was characterized as
13 honorable or under honorable, if separated from the
14 military, and is currently under the age of 40.
15 No person who is under 21 years of age shall be eligible
16for employment as a firefighter.
17 No applicant shall be examined concerning his or her
18political or religious opinions or affiliations. The
19examinations shall be conducted by the commissioners of the
20municipality or their designees and agents.
21 No municipality shall require that any firefighter
22appointed to the lowest rank serve a probationary employment
23period of longer than one year of actual active employment,
24which may exclude periods of training, or injury or illness
25leaves, including duty related leave, in excess of 30 calendar
26days. Notwithstanding anything to the contrary in this Section,

HB0616 Enrolled- 32 -LRB100 06097 AWJ 16129 b
1the probationary employment period limitation may be extended
2for a firefighter who is required, as a condition of
3employment, to be a licensed paramedic, during which time the
4sole reason that a firefighter may be discharged without a
5hearing is for failing to meet the requirements for paramedic
6licensure.
7 In the event that any applicant who has been found eligible
8for appointment and whose name has been placed upon the final
9eligibility register provided for in this Section has not been
10appointed to a firefighter position within one year after the
11date of his or her physical ability examination, the commission
12may cause a second examination to be made of that applicant's
13physical ability prior to his or her appointment. If, after the
14second examination, the physical ability of the applicant shall
15be found to be less than the minimum standard fixed by the
16rules of the commission, the applicant shall not be appointed.
17The applicant's name may be retained upon the register of
18candidates eligible for appointment and when next reached for
19certification and appointment that applicant may be again
20examined as provided in this Section, and if the physical
21ability of that applicant is found to be less than the minimum
22standard fixed by the rules of the commission, the applicant
23shall not be appointed, and the name of the applicant shall be
24removed from the register.
25 (d) Notice, examination, and testing components. Notice of
26the time, place, general scope, merit criteria for any

HB0616 Enrolled- 33 -LRB100 06097 AWJ 16129 b
1subjective component, and fee of every examination shall be
2given by the commission, by a publication at least 2 weeks
3preceding the examination: (i) in one or more newspapers
4published in the municipality, or if no newspaper is published
5therein, then in one or more newspapers with a general
6circulation within the municipality, or (ii) on the
7municipality's Internet website. Additional notice of the
8examination may be given as the commission shall prescribe.
9 The examination and qualifying standards for employment of
10firefighters shall be based on: mental aptitude, physical
11ability, preferences, moral character, and health. The mental
12aptitude, physical ability, and preference components shall
13determine an applicant's qualification for and placement on the
14final register of eligibles. The examination may also include a
15subjective component based on merit criteria as determined by
16the commission. Scores from the examination must be made
17available to the public.
18 (e) Mental aptitude. No person who does not possess at
19least a high school diploma or an equivalent high school
20education shall be placed on a register of eligibles.
21Examination of an applicant's mental aptitude shall be based
22upon a written examination. The examination shall be practical
23in character and relate to those matters that fairly test the
24capacity of the persons examined to discharge the duties
25performed by members of a fire department. Written examinations
26shall be administered in a manner that ensures the security and

HB0616 Enrolled- 34 -LRB100 06097 AWJ 16129 b
1accuracy of the scores achieved.
2 (f) Physical ability. All candidates shall be required to
3undergo an examination of their physical ability to perform the
4essential functions included in the duties they may be called
5upon to perform as a member of a fire department. For the
6purposes of this Section, essential functions of the job are
7functions associated with duties that a firefighter may be
8called upon to perform in response to emergency calls. The
9frequency of the occurrence of those duties as part of the fire
10department's regular routine shall not be a controlling factor
11in the design of examination criteria or evolutions selected
12for testing. These physical examinations shall be open,
13competitive, and based on industry standards designed to test
14each applicant's physical abilities in the following
15dimensions:
16 (1) Muscular strength to perform tasks and evolutions
17 that may be required in the performance of duties including
18 grip strength, leg strength, and arm strength. Tests shall
19 be conducted under anaerobic as well as aerobic conditions
20 to test both the candidate's speed and endurance in
21 performing tasks and evolutions. Tasks tested may be based
22 on standards developed, or approved, by the local
23 appointing authority.
24 (2) The ability to climb ladders, operate from heights,
25 walk or crawl in the dark along narrow and uneven surfaces,
26 and operate in proximity to hazardous environments.

HB0616 Enrolled- 35 -LRB100 06097 AWJ 16129 b
1 (3) The ability to carry out critical, time-sensitive,
2 and complex problem solving during physical exertion in
3 stressful and hazardous environments. The testing
4 environment may be hot and dark with tightly enclosed
5 spaces, flashing lights, sirens, and other distractions.
6 The tests utilized to measure each applicant's
7capabilities in each of these dimensions may be tests based on
8industry standards currently in use or equivalent tests
9approved by the Joint Labor-Management Committee of the Office
10of the State Fire Marshal.
11 Physical ability examinations administered under this
12Section shall be conducted with a reasonable number of proctors
13and monitors, open to the public, and subject to reasonable
14regulations of the commission.
15 (g) Scoring of examination components. Appointing
16authorities may create a preliminary eligibility register. A
17person shall be placed on the list based upon his or her
18passage of the written examination or the passage of the
19written examination and the physical ability component.
20Passage of the written examination means attaining the minimum
21score set by the commission. Minimum scores should be set by
22the commission so as to demonstrate a candidate's ability to
23perform the essential functions of the job. The minimum score
24set by the commission shall be supported by appropriate
25validation evidence and shall comply with all applicable State
26and federal laws. The appointing authority may conduct the

HB0616 Enrolled- 36 -LRB100 06097 AWJ 16129 b
1physical ability component and any subjective components
2subsequent to the posting of the preliminary eligibility
3register.
4 The examination components for an initial eligibility
5register shall be graded on a 100-point scale. A person's
6position on the list shall be determined by the following: (i)
7the person's score on the written examination, (ii) the person
8successfully passing the physical ability component, and (iii)
9the person's results on any subjective component as described
10in subsection (d).
11 In order to qualify for placement on the final eligibility
12register, an applicant's score on the written examination,
13before any applicable preference points or subjective points
14are applied, shall be at or above the minimum score as set by
15the commission. The local appointing authority may prescribe
16the score to qualify for placement on the final eligibility
17register, but the score shall not be less than the minimum
18score set by the commission.
19 The commission shall prepare and keep a register of persons
20whose total score is not less than the minimum score for
21passage and who have passed the physical ability examination.
22These persons shall take rank upon the register as candidates
23in the order of their relative excellence based on the highest
24to the lowest total points scored on the mental aptitude,
25subjective component, and preference components of the test
26administered in accordance with this Section. No more than 60

HB0616 Enrolled- 37 -LRB100 06097 AWJ 16129 b
1days after each examination, an initial eligibility list shall
2be posted by the commission. The list shall include the final
3grades of the candidates without reference to priority of the
4time of examination and subject to claim for preference credit.
5 Commissions may conduct additional examinations, including
6without limitation a polygraph test, after a final eligibility
7register is established and before it expires with the
8candidates ranked by total score without regard to date of
9examination. No more than 60 days after each examination, an
10initial eligibility list shall be posted by the commission
11showing the final grades of the candidates without reference to
12priority of time of examination and subject to claim for
13preference credit.
14 (h) Preferences. The following are preferences:
15 (1) Veteran preference. Persons who were engaged in the
16 military service of the United States for a period of at
17 least one year of active duty and who were honorably
18 discharged therefrom, or who are now or have been members
19 on inactive or reserve duty in such military or naval
20 service, shall be preferred for appointment to and
21 employment with the fire department of an affected
22 department.
23 (2) Fire cadet preference. Persons who have
24 successfully completed 2 years of study in fire techniques
25 or cadet training within a cadet program established under
26 the rules of the Joint Labor and Management Committee

HB0616 Enrolled- 38 -LRB100 06097 AWJ 16129 b
1 (JLMC), as defined in Section 50 of the Fire Department
2 Promotion Act, may be preferred for appointment to and
3 employment with the fire department.
4 (3) Educational preference. Persons who have
5 successfully obtained an associate's degree in the field of
6 fire service or emergency medical services, or a bachelor's
7 degree from an accredited college or university may be
8 preferred for appointment to and employment with the fire
9 department.
10 (4) Paramedic preference. Persons who have obtained a
11 license as a paramedic shall be preferred for appointment
12 to and employment with the fire department of an affected
13 department providing emergency medical services.
14 (5) Experience preference. All persons employed by a
15 municipality who have been paid-on-call or part-time
16 certified Firefighter II, State of Illinois or nationally
17 licensed EMT, EMT-I, A-EMT, or any combination of those
18 capacities shall be awarded 0.5 point for each year of
19 successful service in one or more of those capacities, up
20 to a maximum of 5 points. Certified Firefighter III and
21 State of Illinois or nationally licensed paramedics shall
22 be awarded one point per year up to a maximum of 5 points.
23 Applicants from outside the municipality who were employed
24 as full-time firefighters or firefighter-paramedics by a
25 fire protection district or another municipality for at
26 least 2 years shall be awarded 5 experience preference

HB0616 Enrolled- 39 -LRB100 06097 AWJ 16129 b
1 points. These additional points presuppose a rating scale
2 totaling 100 points available for the eligibility list. If
3 more or fewer points are used in the rating scale for the
4 eligibility list, the points awarded under this subsection
5 shall be increased or decreased by a factor equal to the
6 total possible points available for the examination
7 divided by 100.
8 Upon request by the commission, the governing body of
9 the municipality or in the case of applicants from outside
10 the municipality the governing body of any fire protection
11 district or any other municipality shall certify to the
12 commission, within 10 days after the request, the number of
13 years of successful paid-on-call, part-time, or full-time
14 service of any person. A candidate may not receive the full
15 amount of preference points under this subsection if the
16 amount of points awarded would place the candidate before a
17 veteran on the eligibility list. If more than one candidate
18 receiving experience preference points is prevented from
19 receiving all of their points due to not being allowed to
20 pass a veteran, the candidates shall be placed on the list
21 below the veteran in rank order based on the totals
22 received if all points under this subsection were to be
23 awarded. Any remaining ties on the list shall be determined
24 by lot.
25 (6) Residency preference. Applicants whose principal
26 residence is located within the fire department's

HB0616 Enrolled- 40 -LRB100 06097 AWJ 16129 b
1 jurisdiction shall be preferred for appointment to and
2 employment with the fire department.
3 (7) Additional preferences. Up to 5 additional
4 preference points may be awarded for unique categories
5 based on an applicant's experience or background as
6 identified by the commission.
7 (8) Scoring of preferences. The commission shall give
8 preference for original appointment to persons designated
9 in item (1) by adding to the final grade that they receive
10 5 points for the recognized preference achieved. The
11 commission shall determine the number of preference points
12 for each category except (1). The number of preference
13 points for each category shall range from 0 to 5. In
14 determining the number of preference points, the
15 commission shall prescribe that if a candidate earns the
16 maximum number of preference points in all categories, that
17 number may not be less than 10 nor more than 30. The
18 commission shall give preference for original appointment
19 to persons designated in items (2) through (7) by adding
20 the requisite number of points to the final grade for each
21 recognized preference achieved. The numerical result thus
22 attained shall be applied by the commission in determining
23 the final eligibility list and appointment from the
24 eligibility list. The local appointing authority may
25 prescribe the total number of preference points awarded
26 under this Section, but the total number of preference

HB0616 Enrolled- 41 -LRB100 06097 AWJ 16129 b
1 points shall not be less than 10 points or more than 30
2 points.
3 No person entitled to any preference shall be required to
4claim the credit before any examination held under the
5provisions of this Section, but the preference shall be given
6after the posting or publication of the initial eligibility
7list or register at the request of a person entitled to a
8credit before any certification or appointments are made from
9the eligibility register, upon the furnishing of verifiable
10evidence and proof of qualifying preference credit. Candidates
11who are eligible for preference credit shall make a claim in
12writing within 10 days after the posting of the initial
13eligibility list, or the claim shall be deemed waived. Final
14eligibility registers shall be established after the awarding
15of verified preference points. All employment shall be subject
16to the commission's initial hire background review including,
17but not limited to, criminal history, employment history, moral
18character, oral examination, and medical and psychological
19examinations, all on a pass-fail basis. The medical and
20psychological examinations must be conducted last, and may only
21be performed after a conditional offer of employment has been
22extended.
23 Any person placed on an eligibility list who exceeds the
24age requirement before being appointed to a fire department
25shall remain eligible for appointment until the list is
26abolished, or his or her name has been on the list for a period

HB0616 Enrolled- 42 -LRB100 06097 AWJ 16129 b
1of 2 years. No person who has attained the age of 35 years
2shall be inducted into a fire department, except as otherwise
3provided in this Section.
4 The commission shall strike off the names of candidates for
5original appointment after the names have been on the list for
6more than 2 years.
7 (i) Moral character. No person shall be appointed to a fire
8department unless he or she is a person of good character; not
9a habitual drunkard, a gambler, or a person who has been
10convicted of a felony or a crime involving moral turpitude.
11However, no person shall be disqualified from appointment to
12the fire department because of the person's record of
13misdemeanor convictions except those under Sections 11-6,
1411-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1512-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1631-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
171, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
18Criminal Code of 2012, or arrest for any cause without
19conviction thereon. Any such person who is in the department
20may be removed on charges brought for violating this subsection
21and after a trial as hereinafter provided.
22 A classifiable set of the fingerprints of every person who
23is offered employment as a certificated member of an affected
24fire department whether with or without compensation, shall be
25furnished to the Illinois Department of State Police and to the
26Federal Bureau of Investigation by the commission.

HB0616 Enrolled- 43 -LRB100 06097 AWJ 16129 b
1 Whenever a commission is authorized or required by law to
2consider some aspect of criminal history record information for
3the purpose of carrying out its statutory powers and
4responsibilities, then, upon request and payment of fees in
5conformance with the requirements of Section 2605-400 of the
6State Police Law of the Civil Administrative Code of Illinois,
7the Department of State Police is authorized to furnish,
8pursuant to positive identification, the information contained
9in State files as is necessary to fulfill the request.
10 (j) Temporary appointments. In order to prevent a stoppage
11of public business, to meet extraordinary exigencies, or to
12prevent material impairment of the fire department, the
13commission may make temporary appointments, to remain in force
14only until regular appointments are made under the provisions
15of this Division, but never to exceed 60 days. No temporary
16appointment of any one person shall be made more than twice in
17any calendar year.
18 (k) A person who knowingly divulges or receives test
19questions or answers before a written examination, or otherwise
20knowingly violates or subverts any requirement of this Section,
21commits a violation of this Section and may be subject to
22charges for official misconduct.
23 A person who is the knowing recipient of test information
24in advance of the examination shall be disqualified from the
25examination or discharged from the position to which he or she
26was appointed, as applicable, and otherwise subjected to

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1disciplinary actions.
2(Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14;
399-78, eff. 7-20-15; 99-379, eff. 8-17-15.)
4 Section 10. The Fire Protection District Act is amended by
5changing Sections 16.04a and 16.06b as follows:
6 (70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
7 Sec. 16.04a. The board of fire commissioners shall appoint
8all officers and members of the fire departments of the
9district, except the Chief of the fire department. The board of
10trustees shall appoint the Chief of the fire department, who
11shall serve at the pleasure of the board, and may enter into a
12multi-year contract not exceeding 3 years with the Chief.
13 If a member of the department is appointed Chief of the
14fire department prior to being eligible to retire on pension he
15shall be considered as on furlough from the rank he held
16immediately prior to his appointment as Chief. If he resigns as
17Chief or is discharged as Chief prior to attaining eligibility
18to retire on pension, he shall revert to and be established in
19such prior rank, and thereafter be entitled to all the benefits
20and emoluments of such prior rank, without regard as to whether
21a vacancy then exists in such rank. In such instances, the
22Chief shall be deemed to have continued to accrue seniority in
23the department during his period of service as Chief, or time
24in grade in his former rank to which he shall revert during his

HB0616 Enrolled- 45 -LRB100 06097 AWJ 16129 b
1period of service as Chief, except solely for purposes of any
2layoff as provided in Section 16.13b hereafter.
3 All appointments to each department other than that of the
4lowest rank, however, shall be from the rank next below that to
5which the appointment is made, except that the Chief of the
6fire department may be appointed from among members of the fire
7department, regardless of rank.
8 The sole authority to issue certificates of appointment
9shall be vested in the board of fire commissioners and all
10certificates of appointments issued to any officer or member of
11the fire department shall be signed by the chairman and
12secretary respectively of the board of fire commissioners upon
13appointment of such officer or member of the fire department by
14action of the board of fire commissioners. After being selected
15from the register of eligibles to fill a vacancy in the
16affected department, each appointee shall be presented with his
17or her certificate of appointment on the day on which he or she
18is sworn in as a classified member of the affected department.
19Firefighters who were not issued a certificate of appointment
20when originally appointed shall be provided with a certificate
21within 10 days after making a written request to the
22chairperson of the board of fire commissioners.
23 To the extent that this Section or any other Section in
24this Act conflicts with Section 16.06b or 16.06c, then Section
2516.06b or 16.06c shall control.
26(Source: P.A. 97-251, eff. 8-4-11.)

HB0616 Enrolled- 46 -LRB100 06097 AWJ 16129 b
1 (70 ILCS 705/16.06b)
2 Sec. 16.06b. Original appointments; full-time fire
3department.
4 (a) Applicability. Unless a commission elects to follow the
5provisions of Section 16.06c, this Section shall apply to all
6original appointments to an affected full-time fire
7department. Existing registers of eligibles shall continue to
8be valid until their expiration dates, or up to a maximum of 2
9years after the effective date of this amendatory Act of the
1097th General Assembly.
11 Notwithstanding any statute, ordinance, rule, or other law
12to the contrary, all original appointments to an affected
13department to which this Section applies shall be administered
14in a no less stringent manner than the manner provided for in
15this Section. Provisions of the Illinois Municipal Code, Fire
16Protection District Act, fire district ordinances, and rules
17adopted pursuant to such authority and other laws relating to
18initial hiring of firefighters in affected departments shall
19continue to apply to the extent they are compatible with this
20Section, but in the event of a conflict between this Section
21and any other law, this Section shall control.
22 A fire protection district that is operating under a court
23order or consent decree regarding original appointments to a
24full-time fire department before the effective date of this
25amendatory Act of the 97th General Assembly is exempt from the

HB0616 Enrolled- 47 -LRB100 06097 AWJ 16129 b
1requirements of this Section for the duration of the court
2order or consent decree.
3 (b) Original appointments. All original appointments made
4to an affected fire department shall be made from a register of
5eligibles established in accordance with the processes
6required by this Section. Only persons who meet or exceed the
7performance standards required by the Section shall be placed
8on a register of eligibles for original appointment to an
9affected fire department.
10 Whenever an appointing authority authorizes action to hire
11a person to perform the duties of a firefighter or to hire a
12firefighter-paramedic to fill a position that is a new position
13or vacancy due to resignation, discharge, promotion, death, the
14granting of a disability or retirement pension, or any other
15cause, the appointing authority shall appoint to that position
16the person with the highest ranking on the final eligibility
17list. If the appointing authority has reason to conclude that
18the highest ranked person fails to meet the minimum standards
19for the position or if the appointing authority believes an
20alternate candidate would better serve the needs of the
21department, then the appointing authority has the right to pass
22over the highest ranked person and appoint either: (i) any
23person who has a ranking in the top 5% of the register of
24eligibles or (ii) any person who is among the top 5 highest
25ranked persons on the list of eligibles if the number of people
26who have a ranking in the top 5% of the register of eligibles

HB0616 Enrolled- 48 -LRB100 06097 AWJ 16129 b
1is less than 5 people.
2 Any candidate may pass on an appointment once without
3losing his or her position on the register of eligibles. Any
4candidate who passes a second time may be removed from the list
5by the appointing authority provided that such action shall not
6prejudice a person's opportunities to participate in future
7examinations, including an examination held during the time a
8candidate is already on the fire district's register of
9eligibles.
10 The sole authority to issue certificates of appointment
11shall be vested in the board of fire commissioners, or board of
12trustees serving in the capacity of a board of fire
13commissioners. All certificates of appointment issued to any
14officer or member of an affected department shall be signed by
15the chairperson and secretary, respectively, of the commission
16upon appointment of such officer or member to the affected
17department by action of the commission. After being selected
18from the register of eligibles to fill a vacancy in the
19affected department, each appointee shall be presented with his
20or her certificate of appointment on the day on which he or she
21is sworn in as a classified member of the affected department.
22Firefighters who were not issued a certificate of appointment
23when originally appointed shall be provided with a certificate
24within 10 days after making a written request to the
25chairperson of the board of fire commissioners, or board of
26trustees serving in the capacity of a board of fire

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

HB0616 Enrolled- 50 -LRB100 06097 AWJ 16129 b
1district, county or counties in which the district is located,
2State, or nation. Any examination and testing procedure
3utilized under subsection (e) of this Section shall be
4supported by appropriate validation evidence and shall comply
5with all applicable State and federal laws. Districts may
6establish educational, emergency medical service licensure,
7and other pre-requisites for participation in an examination or
8for hire as a firefighter. Any fire protection district may
9charge a fee to cover the costs of the application process.
10 Residency requirements in effect at the time an individual
11enters the fire service of a district cannot be made more
12restrictive for that individual during his or her period of
13service for that district, or be made a condition of promotion,
14except for the rank or position of fire chief and for no more
15than 2 positions that rank immediately below that of the chief
16rank which are appointed positions pursuant to the Fire
17Department Promotion Act.
18 No person who is 35 years of age or older shall be eligible
19to take an examination for a position as a firefighter unless
20the person has had previous employment status as a firefighter
21in the regularly constituted fire department of the district,
22except as provided in this Section. The age limitation does not
23apply to:
24 (1) any person previously employed as a full-time
25 firefighter in a regularly constituted fire department of
26 (i) any municipality or fire protection district located in

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1 Illinois, (ii) a fire protection district whose
2 obligations were assumed by a municipality under Section 21
3 of the Fire Protection District Act, or (iii) a
4 municipality whose obligations were taken over by a fire
5 protection district;
6 (2) any person who has served a fire district as a
7 regularly enrolled volunteer, paid-on-call, or part-time
8 firefighter for the 5 years immediately preceding the time
9 that the district begins to use full-time firefighters to
10 provide all or part of its fire protection service; or
11 (3) any person who turned 35 while serving as a member
12 of the active or reserve components of any of the branches
13 of the Armed Forces of the United States or the National
14 Guard of any state, whose service was characterized as
15 honorable or under honorable, if separated from the
16 military, and is currently under the age of 40.
17 No person who is under 21 years of age shall be eligible
18for employment as a firefighter.
19 No applicant shall be examined concerning his or her
20political or religious opinions or affiliations. The
21examinations shall be conducted by the commissioners of the
22district or their designees and agents.
23 No district shall require that any firefighter appointed to
24the lowest rank serve a probationary employment period of
25longer than one year of actual active employment, which may
26exclude periods of training, or injury or illness leaves,

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1including duty related leave, in excess of 30 calendar days.
2Notwithstanding anything to the contrary in this Section, the
3probationary employment period limitation may be extended for a
4firefighter who is required, as a condition of employment, to
5be a licensed paramedic, during which time the sole reason that
6a firefighter may be discharged without a hearing is for
7failing to meet the requirements for paramedic licensure.
8 In the event that any applicant who has been found eligible
9for appointment and whose name has been placed upon the final
10eligibility register provided for in this Section has not been
11appointed to a firefighter position within one year after the
12date of his or her physical ability examination, the commission
13may cause a second examination to be made of that applicant's
14physical ability prior to his or her appointment. If, after the
15second examination, the physical ability of the applicant shall
16be found to be less than the minimum standard fixed by the
17rules of the commission, the applicant shall not be appointed.
18The applicant's name may be retained upon the register of
19candidates eligible for appointment and when next reached for
20certification and appointment that applicant may be again
21examined as provided in this Section, and if the physical
22ability of that applicant is found to be less than the minimum
23standard fixed by the rules of the commission, the applicant
24shall not be appointed, and the name of the applicant shall be
25removed from the register.
26 (d) Notice, examination, and testing components. Notice of

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1the time, place, general scope, merit criteria for any
2subjective component, and fee of every examination shall be
3given by the commission, by a publication at least 2 weeks
4preceding the examination: (i) in one or more newspapers
5published in the district, or if no newspaper is published
6therein, then in one or more newspapers with a general
7circulation within the district, or (ii) on the fire protection
8district's Internet website. Additional notice of the
9examination may be given as the commission shall prescribe.
10 The examination and qualifying standards for employment of
11firefighters shall be based on: mental aptitude, physical
12ability, preferences, moral character, and health. The mental
13aptitude, physical ability, and preference components shall
14determine an applicant's qualification for and placement on the
15final register of eligibles. The examination may also include a
16subjective component based on merit criteria as determined by
17the commission. Scores from the examination must be made
18available to the public.
19 (e) Mental aptitude. No person who does not possess at
20least a high school diploma or an equivalent high school
21education shall be placed on a register of eligibles.
22Examination of an applicant's mental aptitude shall be based
23upon a written examination. The examination shall be practical
24in character and relate to those matters that fairly test the
25capacity of the persons examined to discharge the duties
26performed by members of a fire department. Written examinations

HB0616 Enrolled- 54 -LRB100 06097 AWJ 16129 b
1shall be administered in a manner that ensures the security and
2accuracy of the scores achieved.
3 (f) Physical ability. All candidates shall be required to
4undergo an examination of their physical ability to perform the
5essential functions included in the duties they may be called
6upon to perform as a member of a fire department. For the
7purposes of this Section, essential functions of the job are
8functions associated with duties that a firefighter may be
9called upon to perform in response to emergency calls. The
10frequency of the occurrence of those duties as part of the fire
11department's regular routine shall not be a controlling factor
12in the design of examination criteria or evolutions selected
13for testing. These physical examinations shall be open,
14competitive, and based on industry standards designed to test
15each applicant's physical abilities in the following
16dimensions:
17 (1) Muscular strength to perform tasks and evolutions
18 that may be required in the performance of duties including
19 grip strength, leg strength, and arm strength. Tests shall
20 be conducted under anaerobic as well as aerobic conditions
21 to test both the candidate's speed and endurance in
22 performing tasks and evolutions. Tasks tested may be based
23 on standards developed, or approved, by the local
24 appointing authority.
25 (2) The ability to climb ladders, operate from heights,
26 walk or crawl in the dark along narrow and uneven surfaces,

HB0616 Enrolled- 55 -LRB100 06097 AWJ 16129 b
1 and operate in proximity to hazardous environments.
2 (3) The ability to carry out critical, time-sensitive,
3 and complex problem solving during physical exertion in
4 stressful and hazardous environments. The testing
5 environment may be hot and dark with tightly enclosed
6 spaces, flashing lights, sirens, and other distractions.
7 The tests utilized to measure each applicant's
8capabilities in each of these dimensions may be tests based on
9industry standards currently in use or equivalent tests
10approved by the Joint Labor-Management Committee of the Office
11of the State Fire Marshal.
12 Physical ability examinations administered under this
13Section shall be conducted with a reasonable number of proctors
14and monitors, open to the public, and subject to reasonable
15regulations of the commission.
16 (g) Scoring of examination components. Appointing
17authorities may create a preliminary eligibility register. A
18person shall be placed on the list based upon his or her
19passage of the written examination or the passage of the
20written examination and the physical ability component.
21Passage of the written examination means attaining the minimum
22score set by the commission. Minimum scores should be set by
23the appointing authorities so as to demonstrate a candidate's
24ability to perform the essential functions of the job. The
25minimum score set by the commission shall be supported by
26appropriate validation evidence and shall comply with all

HB0616 Enrolled- 56 -LRB100 06097 AWJ 16129 b
1applicable State and federal laws. The appointing authority may
2conduct the physical ability component and any subjective
3components subsequent to the posting of the preliminary
4eligibility register.
5 The examination components for an initial eligibility
6register shall be graded on a 100-point scale. A person's
7position on the list shall be determined by the following: (i)
8the person's score on the written examination, (ii) the person
9successfully passing the physical ability component, and (iii)
10the person's results on any subjective component as described
11in subsection (d).
12 In order to qualify for placement on the final eligibility
13register, an applicant's score on the written examination,
14before any applicable preference points or subjective points
15are applied, shall be at or above the minimum score set by the
16commission. The local appointing authority may prescribe the
17score to qualify for placement on the final eligibility
18register, but the score shall not be less than the minimum
19score set by the commission.
20 The commission shall prepare and keep a register of persons
21whose total score is not less than the minimum score for
22passage and who have passed the physical ability examination.
23These persons shall take rank upon the register as candidates
24in the order of their relative excellence based on the highest
25to the lowest total points scored on the mental aptitude,
26subjective component, and preference components of the test

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1administered in accordance with this Section. No more than 60
2days after each examination, an initial eligibility list shall
3be posted by the commission. The list shall include the final
4grades of the candidates without reference to priority of the
5time of examination and subject to claim for preference credit.
6 Commissions may conduct additional examinations, including
7without limitation a polygraph test, after a final eligibility
8register is established and before it expires with the
9candidates ranked by total score without regard to date of
10examination. No more than 60 days after each examination, an
11initial eligibility list shall be posted by the commission
12showing the final grades of the candidates without reference to
13priority of time of examination and subject to claim for
14preference credit.
15 (h) Preferences. The following are preferences:
16 (1) Veteran preference. Persons who were engaged in the
17 military service of the United States for a period of at
18 least one year of active duty and who were honorably
19 discharged therefrom, or who are now or have been members
20 on inactive or reserve duty in such military or naval
21 service, shall be preferred for appointment to and
22 employment with the fire department of an affected
23 department.
24 (2) Fire cadet preference. Persons who have
25 successfully completed 2 years of study in fire techniques
26 or cadet training within a cadet program established under

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1 the rules of the Joint Labor and Management Committee
2 (JLMC), as defined in Section 50 of the Fire Department
3 Promotion Act, may be preferred for appointment to and
4 employment with the fire department.
5 (3) Educational preference. Persons who have
6 successfully obtained an associate's degree in the field of
7 fire service or emergency medical services, or a bachelor's
8 degree from an accredited college or university may be
9 preferred for appointment to and employment with the fire
10 department.
11 (4) Paramedic preference. Persons who have obtained a
12 license as a paramedic may be preferred for appointment to
13 and employment with the fire department of an affected
14 department providing emergency medical services.
15 (5) Experience preference. All persons employed by a
16 district who have been paid-on-call or part-time certified
17 Firefighter II, certified Firefighter III, State of
18 Illinois or nationally licensed EMT, EMT-I, A-EMT, or
19 paramedic, or any combination of those capacities may be
20 awarded up to a maximum of 5 points. However, the applicant
21 may not be awarded more than 0.5 points for each complete
22 year of paid-on-call or part-time service. Applicants from
23 outside the district who were employed as full-time
24 firefighters or firefighter-paramedics by a fire
25 protection district or municipality for at least 2 years
26 may be awarded up to 5 experience preference points.

HB0616 Enrolled- 59 -LRB100 06097 AWJ 16129 b
1 However, the applicant may not be awarded more than one
2 point for each complete year of full-time service.
3 Upon request by the commission, the governing body of
4 the district or in the case of applicants from outside the
5 district the governing body of any other fire protection
6 district or any municipality shall certify to the
7 commission, within 10 days after the request, the number of
8 years of successful paid-on-call, part-time, or full-time
9 service of any person. A candidate may not receive the full
10 amount of preference points under this subsection if the
11 amount of points awarded would place the candidate before a
12 veteran on the eligibility list. If more than one candidate
13 receiving experience preference points is prevented from
14 receiving all of their points due to not being allowed to
15 pass a veteran, the candidates shall be placed on the list
16 below the veteran in rank order based on the totals
17 received if all points under this subsection were to be
18 awarded. Any remaining ties on the list shall be determined
19 by lot.
20 (6) Residency preference. Applicants whose principal
21 residence is located within the fire department's
22 jurisdiction may be preferred for appointment to and
23 employment with the fire department.
24 (7) Additional preferences. Up to 5 additional
25 preference points may be awarded for unique categories
26 based on an applicant's experience or background as

HB0616 Enrolled- 60 -LRB100 06097 AWJ 16129 b
1 identified by the commission.
2 (8) Scoring of preferences. The commission shall give
3 preference for original appointment to persons designated
4 in item (1) by adding to the final grade that they receive
5 5 points for the recognized preference achieved. The
6 commission shall determine the number of preference points
7 for each category except (1). The number of preference
8 points for each category shall range from 0 to 5. In
9 determining the number of preference points, the
10 commission shall prescribe that if a candidate earns the
11 maximum number of preference points in all categories, that
12 number may not be less than 10 nor more than 30. The
13 commission shall give preference for original appointment
14 to persons designated in items (2) through (7) by adding
15 the requisite number of points to the final grade for each
16 recognized preference achieved. The numerical result thus
17 attained shall be applied by the commission in determining
18 the final eligibility list and appointment from the
19 eligibility list. The local appointing authority may
20 prescribe the total number of preference points awarded
21 under this Section, but the total number of preference
22 points shall not be less than 10 points or more than 30
23 points.
24 No person entitled to any preference shall be required to
25claim the credit before any examination held under the
26provisions of this Section, but the preference shall be given

HB0616 Enrolled- 61 -LRB100 06097 AWJ 16129 b
1after the posting or publication of the initial eligibility
2list or register at the request of a person entitled to a
3credit before any certification or appointments are made from
4the eligibility register, upon the furnishing of verifiable
5evidence and proof of qualifying preference credit. Candidates
6who are eligible for preference credit shall make a claim in
7writing within 10 days after the posting of the initial
8eligibility list, or the claim shall be deemed waived. Final
9eligibility registers shall be established after the awarding
10of verified preference points. All employment shall be subject
11to the commission's initial hire background review including,
12but not limited to, criminal history, employment history, moral
13character, oral examination, and medical and psychological
14examinations, all on a pass-fail basis. The medical and
15psychological examinations must be conducted last, and may only
16be performed after a conditional offer of employment has been
17extended.
18 Any person placed on an eligibility list who exceeds the
19age requirement before being appointed to a fire department
20shall remain eligible for appointment until the list is
21abolished, or his or her name has been on the list for a period
22of 2 years. No person who has attained the age of 35 years
23shall be inducted into a fire department, except as otherwise
24provided in this Section.
25 The commission shall strike off the names of candidates for
26original appointment after the names have been on the list for

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1more than 2 years.
2 (i) Moral character. No person shall be appointed to a fire
3department unless he or she is a person of good character; not
4a habitual drunkard, a gambler, or a person who has been
5convicted of a felony or a crime involving moral turpitude.
6However, no person shall be disqualified from appointment to
7the fire department because of the person's record of
8misdemeanor convictions except those under Sections 11-6,
911-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1012-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1131-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
121, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
13Criminal Code of 2012, or arrest for any cause without
14conviction thereon. Any such person who is in the department
15may be removed on charges brought for violating this subsection
16and after a trial as hereinafter provided.
17 A classifiable set of the fingerprints of every person who
18is offered employment as a certificated member of an affected
19fire department whether with or without compensation, shall be
20furnished to the Illinois Department of State Police and to the
21Federal Bureau of Investigation by the commission.
22 Whenever a commission is authorized or required by law to
23consider some aspect of criminal history record information for
24the purpose of carrying out its statutory powers and
25responsibilities, then, upon request and payment of fees in
26conformance with the requirements of Section 2605-400 of the

HB0616 Enrolled- 63 -LRB100 06097 AWJ 16129 b
1State Police Law of the Civil Administrative Code of Illinois,
2the Department of State Police is authorized to furnish,
3pursuant to positive identification, the information contained
4in State files as is necessary to fulfill the request.
5 (j) Temporary appointments. In order to prevent a stoppage
6of public business, to meet extraordinary exigencies, or to
7prevent material impairment of the fire department, the
8commission may make temporary appointments, to remain in force
9only until regular appointments are made under the provisions
10of this Section, but never to exceed 60 days. No temporary
11appointment of any one person shall be made more than twice in
12any calendar year.
13 (k) A person who knowingly divulges or receives test
14questions or answers before a written examination, or otherwise
15knowingly violates or subverts any requirement of this Section,
16commits a violation of this Section and may be subject to
17charges for official misconduct.
18 A person who is the knowing recipient of test information
19in advance of the examination shall be disqualified from the
20examination or discharged from the position to which he or she
21was appointed, as applicable, and otherwise subjected to
22disciplinary actions.
23(Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14;
2498-995, eff. 8-18-14; 99-78, eff. 7-20-15.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.
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