Bill Text: IL HB0856 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Fire Department Promotion Act. Makes a technical change in a Section concerning definitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0856 Detail]

Download: Illinois-2019-HB0856-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0856 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
50 ILCS 742/5
Amends the Fire Department Promotion Act. Makes a technical change in a Section concerning definitions.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Department Promotion Act is amended by
changing Section 5 as follows:
(50 ILCS 742/5)
Sec. 5. Definitions. In this Act:
"Affected department" or "department" means a full-time
municipal fire department that that is subject to a collective
bargaining agreement or the fire department operated by a
full-time fire protection district. The terms do not include
fire departments operated by the State, a university, or a
municipality with a population over 1,000,000 or any unit of
local government other than a municipality or fire protection
district. The terms also do not include a combined department
that was providing both police and firefighting services on
January 1, 2002.
"Appointing authority" means the Board of Fire and Police
Commissioners, Board of Fire Commissioners, Civil Service
Commissioners, Superintendent or Department Head, Fire
Protection District Board of Trustees, or other entity having
the authority to administer and grant promotions in an affected
department.

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"Promotion" means any appointment or advancement to a rank
within the affected department (1) for which an examination was
required before January 1, 2002; (2) that is included within a
bargaining unit; or (3) that is the next rank immediately above
the highest rank included within a bargaining unit, provided
such rank is not the only rank between the Fire Chief and the
highest rank included within the bargaining unit, or is a rank
otherwise excepted under item (i), (ii), (iii), (iv), or (v) of
this definition. "Promotion" does not include appointments (i)
that are for fewer than 180 days; (ii) to the positions of
Superintendent, Chief, or other chief executive officer; (iii)
to an exclusively administrative or executive rank for which an
examination is not required; (iv) to a rank that was exempted
by a home rule municipality prior to January 1, 2002, provided
that after the effective date of this Act no home rule
municipality may exempt any future or existing ranks from the
provisions of this Act; or (v) to an administrative rank
immediately below the Superintendent, Chief, or other chief
executive officer of an affected department, provided such rank
shall not be held by more than 2 persons and there is a
promoted rank immediately below it. Notwithstanding the
exceptions to the definition of "promotion" set forth in items
(i), (ii), (iii), (iv), and (v) of this definition, promotions
shall include any appointments to ranks covered by the terms of
a collective bargaining agreement in effect on the effective
date of this Act.

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"Preliminary promotion list" means the rank order of
eligible candidates established in accordance with subsection
(b) of Section 20 prior to applicable veteran's preference
points. A person on the preliminary promotion list who is
eligible for veteran's preference under the laws and agreements
applicable to the appointing authority may file a written
application for that preference within 10 days after the
initial posting of the preliminary promotion list. The
preference shall be calculated in accordance with Section 55
and applied as an addition to the person's total point score on
the examination. The appointing authority shall make
adjustments to the preliminary promotion list based on any
veteran's preference claimed and the final adjusted promotion
list shall then be posted by the appointing authority.
"Rank" means any position within the chain of command of a
fire department to which employees are regularly assigned to
perform duties related to providing fire suppression, fire
prevention, or emergency services.
"Final adjusted promotion list" means the promotion list
for the position that is in effect on the date the position is
created or the vacancy occurs. If there is no final adjusted
promotion list in effect for that position on that date, or if
all persons on the current final adjusted promotion list for
that position refuse the promotion, the affected department
shall not make a permanent promotion until a new final adjusted
promotion list has been prepared in accordance with this Act,

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but may make a temporary appointment to fill the vacancy.
Temporary appointments shall not exceed 180 days.
Each component of the promotional test shall be scored on a
scale of 100 points. The component scores shall then be reduced
by the weighting factor assigned to the component on the test
and the scores of all components shall be added to produce a
total score based on a scale of 100 points.
(Source: P.A. 93-411, eff. 8-4-03.)