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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0856 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
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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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| | HB0856 | | LRB101 06737 SLF 51764 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Fire Department Promotion Act is amended by |
| 5 | | changing Section 5 as follows:
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| 6 | | (50 ILCS 742/5)
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| 7 | | Sec. 5. Definitions. In this Act:
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| 8 | | "Affected department" or "department" means a full-time |
| 9 | | municipal fire
department that
that is subject to a collective |
| 10 | | bargaining agreement or the fire
department operated by a |
| 11 | | full-time fire protection district. The terms do not
include |
| 12 | | fire departments
operated by the State, a university, or a |
| 13 | | municipality with a population over
1,000,000 or any unit of |
| 14 | | local government other than a municipality or fire
protection |
| 15 | | district. The terms also do not include a combined department |
| 16 | | that
was providing both police and firefighting services on |
| 17 | | January 1, 2002. |
| 18 | | "Appointing authority" means the Board of Fire and Police |
| 19 | | Commissioners,
Board of Fire Commissioners, Civil Service |
| 20 | | Commissioners, Superintendent
or Department Head, Fire |
| 21 | | Protection District Board of Trustees, or other
entity having |
| 22 | | the authority to administer and grant promotions in an affected
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| 23 | | department.
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| 1 | | "Promotion" means any appointment or advancement to a rank |
| 2 | | within the
affected department (1) for which an examination was |
| 3 | | required before January 1,
2002; (2) that is included within a |
| 4 | | bargaining unit; or (3) that is the next
rank immediately above |
| 5 | | the highest rank included within a bargaining unit,
provided |
| 6 | | such rank is not the only rank between the Fire Chief and the |
| 7 | | highest
rank included within the bargaining unit, or is a rank |
| 8 | | otherwise excepted under
item (i), (ii), (iii), (iv), or (v) of |
| 9 | | this definition. "Promotion" does not
include appointments (i) |
| 10 | | that are for fewer than 180 days; (ii) to the
positions
of |
| 11 | | Superintendent, Chief, or other chief executive officer; (iii) |
| 12 | | to an
exclusively administrative or executive rank for which an |
| 13 | | examination is not
required; (iv) to a rank that was exempted |
| 14 | | by a home rule municipality prior to
January 1, 2002, provided |
| 15 | | that after the effective date of this Act no home
rule |
| 16 | | municipality may exempt any future or existing ranks from the |
| 17 | | provisions
of this Act; or (v) to an administrative rank |
| 18 | | immediately below the
Superintendent, Chief, or other chief |
| 19 | | executive officer of an affected
department, provided such rank |
| 20 | | shall not be held by more than 2 persons and
there is a
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| 21 | | promoted rank immediately below it. Notwithstanding the |
| 22 | | exceptions to the
definition of "promotion" set forth in items |
| 23 | | (i), (ii), (iii), (iv), and (v) of
this definition, promotions |
| 24 | | shall include any appointments to ranks covered by
the terms of |
| 25 | | a collective bargaining agreement in effect on the effective |
| 26 | | date
of this Act.
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| 1 | | "Preliminary promotion list" means the rank order of |
| 2 | | eligible candidates
established in accordance with subsection |
| 3 | | (b) of Section 20 prior to
applicable veteran's
preference |
| 4 | | points. A person on the preliminary promotion list who is |
| 5 | | eligible
for veteran's preference under the laws and agreements |
| 6 | | applicable to the
appointing authority may file a written |
| 7 | | application for that preference within
10 days after the |
| 8 | | initial posting of the preliminary promotion list. The
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| 9 | | preference shall be calculated in accordance with Section 55 |
| 10 | | and applied as
an addition to the person's total point score on |
| 11 | | the examination. The
appointing authority shall make |
| 12 | | adjustments to the preliminary promotion
list based on any |
| 13 | | veteran's preference claimed and the final adjusted
promotion |
| 14 | | list shall then be posted by the appointing authority.
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| 15 | | "Rank" means any position within the chain of command of a |
| 16 | | fire department to
which employees are regularly assigned to |
| 17 | | perform duties related to providing
fire suppression, fire |
| 18 | | prevention, or emergency services.
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| 19 | | "Final adjusted promotion list" means the promotion list |
| 20 | | for the position
that is in effect on the date the position is |
| 21 | | created or the vacancy
occurs. If there is no final adjusted |
| 22 | | promotion list in effect for that
position on that date, or if |
| 23 | | all persons on the current final adjusted
promotion list for |
| 24 | | that position refuse the promotion, the affected
department |
| 25 | | shall not make a permanent
promotion until a new final adjusted |
| 26 | | promotion list has been prepared in
accordance with this Act, |
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| 1 | | but may make a temporary appointment to fill the
vacancy. |
| 2 | | Temporary appointments shall not exceed 180 days.
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| 3 | | Each component of the promotional test shall be scored on a |
| 4 | | scale of 100
points. The component scores shall then be reduced |
| 5 | | by the weighting factor
assigned to the component on the test |
| 6 | | and the scores of all components shall be
added to produce a |
| 7 | | total score based on a scale of 100 points.
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| 8 | | (Source: P.A. 93-411, eff. 8-4-03.)
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