Bill Text: IL SB2150 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that a person 35 years of age or older who has served a municipality as a regularly enrolled volunteer, paid-on-call, or part-time firefighter is eligible to take an examination for a position as a firefighter (removing a requirement the volunteer, paid-on-call, or part-time work was 5 years immediately preceding the time that the municipality begins to use full-time firefighters to provide all or part of its fire protection service). Effective immediately.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0375 [SB2150 Detail]

Download: Illinois-2021-SB2150-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2150 Introduced 2/26/2021, by Sen. Darren Bailey SYNOPSIS AS INTRODUCED:
65 ILCS 5/10-1-7.1
65 ILCS 5/10-2.1-6.3
70 ILCS 705/16.06b
Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that a person 35 years of age or older who has served a municipality as a regularly enrolled volunteer, paid-on-call, or part-time firefighter is eligible to take an examination for a position as a firefighter (removing a requirement the volunteer, paid-on-call, or part-time work was 5 years immediately preceding the time that the municipality begins to use full-time firefighters to provide all or part of its fire protection service). Effective immediately.
LRB102 17130 RLC 22561 b
HOME RULE NOTE ACT MAY APPLY
A BILL FOR
SB2150 LRB102 17130 RLC 22561 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 10-1-7.1 and 10-2.1-6.3 as follows:
(65 ILCS 5/10-1-7.1)
Sec. 10-1-7.1. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow
the provisions of Section 10-1-7.2, this Section shall apply
to all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251) this amendatory Act of the 97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this

SB2150 - 2 - LRB102 17130 RLC 22561 b
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before August 4, 2011 (the effective date of
Public Act 97-251) this amendatory Act of the 97th General
Assembly is exempt from the requirements of this Section for
the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire

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a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new
position or vacancy due to resignation, discharge, promotion,
death, the granting of a disability or retirement pension, or
any other cause, the appointing authority shall appoint to
that position the person with the highest ranking on the final
eligibility list. If the appointing authority has reason to
conclude that the highest ranked person fails to meet the
minimum standards for the position or if the appointing
authority believes an alternate candidate would better serve
the needs of the department, then the appointing authority has
the right to pass over the highest ranked person and appoint
either: (i) any person who has a ranking in the top 5% of the
register of eligibles or (ii) any person who is among the top 5
highest ranked persons on the list of eligibles if the number
of people who have a ranking in the top 5% of the register of
eligibles is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall
not prejudice a person's opportunities to participate in
future examinations, including an examination held during the
time a candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment

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shall be vested in the Civil Service Commission. All
certificates of appointment issued to any officer or member of
an affected department shall be signed by the chairperson and
secretary, respectively, of the commission upon appointment of
such officer or member to the affected department by the
commission. After being selected from the register of
eligibles to fill a vacancy in the affected department, 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. Firefighters who
were not issued a certificate of appointment when originally
appointed shall be provided with a certificate within 10 days
after making a written request to the chairperson of the Civil
Service Commission. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of
the 97th General Assembly appointed to a fire department or
fire protection district or employed by a State university and
sworn or commissioned to perform firefighter duties or
paramedic duties, or both, except that the following persons
are not included: part-time firefighters; auxiliary, reserve,
or voluntary firefighters, including paid-on-call

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

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

SB2150 - 7 - LRB102 17130 RLC 22561 b
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Division 1

SB2150 - 8 - LRB102 17130 RLC 22561 b
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.

SB2150 - 9 - LRB102 17130 RLC 22561 b
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on
the final register of eligibles. The examination may also
include a subjective component based on merit criteria as
determined by the commission. Scores from the examination must
be made available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written
examinations shall be administered in a manner that ensures
the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The

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frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
may be based on standards developed, or approved, by the
local appointing authority.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on

SB2150 - 11 - LRB102 17130 RLC 22561 b
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of
proctors and monitors, open to the public, and subject to
reasonable regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the commission so as to demonstrate a candidate's ability to
perform the essential functions of the job. The minimum score
set by the commission shall be supported by appropriate
validation evidence and shall comply with all applicable State
and federal laws. The appointing authority may conduct the
physical ability component and any subjective components
subsequent to the posting of the preliminary eligibility
register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person

SB2150 - 12 - LRB102 17130 RLC 22561 b
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of
persons whose total score is not less than the minimum score
for passage and who have passed the physical ability
examination. These persons shall take rank upon the register
as candidates in the order of their relative excellence based
on the highest to the lowest total points scored on the mental
aptitude, subjective component, and preference components of
the test administered in accordance with this Section. No more
than 60 days after each examination, an initial eligibility
list shall be posted by the commission. The list shall include
the final grades of the candidates without reference to
priority of the time of examination and subject to claim for
preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility

SB2150 - 13 - LRB102 17130 RLC 22561 b
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference
to priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in
the military service of the United States for a period of
at least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field
of fire service or emergency medical services, or a

SB2150 - 14 - LRB102 17130 RLC 22561 b
bachelor's degree from an accredited college or university
may be preferred for appointment to and employment with
the fire department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, certified Firefighter III, State
of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the
applicant may not be awarded more than 0.5 points for each
complete year of paid-on-call or part-time service.
Applicants from outside the municipality who were employed
as full-time firefighters or firefighter-paramedics by a
fire protection district or another municipality may be
awarded up to 5 experience preference points. However, the
applicant may not be awarded more than one point for each
complete year of full-time service.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number

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of years of successful paid-on-call, part-time, or
full-time service of any person. A candidate may not
receive the full amount of preference points under this
subsection if the amount of points awarded would place the
candidate before a veteran on the eligibility list. If
more than one candidate receiving experience preference
points is prevented from receiving all of their points due
to not being allowed to pass a veteran, the candidates
shall be placed on the list below the veteran in rank order
based on the totals received if all points under this
subsection were to be awarded. Any remaining ties on the
list shall be determined by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meet the
qualifications for original appointment as a firefighter
specified in this Section may be awarded up to 20
preference points. To qualify for preference points, an

SB2150 - 16 - LRB102 17130 RLC 22561 b
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section
10-1-14 of this Division and the terms established by a
Joint Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of

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preference points for each category shall range from 0 to
5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if
a candidate earns the maximum number of preference points
in all categories except item (7.5), that number may not
be less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable

SB2150 - 18 - LRB102 17130 RLC 22561 b
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to
the commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates

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

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conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
revised 11-26-19.)

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(65 ILCS 5/10-2.1-6.3)
Sec. 10-2.1-6.3. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow
the provisions of Section 10-2.1-6.4, this Section shall apply
to all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251) this amendatory Act of the 97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and

SB2150 - 22 - LRB102 17130 RLC 22561 b
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before August 4, 2011 (the effective date of
Public Act 97-251) this amendatory Act of the 97th General
Assembly is exempt from the requirements of this Section for
the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new
position or vacancy due to resignation, discharge, promotion,
death, the granting of a disability or retirement pension, or
any other cause, the appointing authority shall appoint to
that position the person with the highest ranking on the final
eligibility list. If the appointing authority has reason to
conclude that the highest ranked person fails to meet the

SB2150 - 23 - LRB102 17130 RLC 22561 b
minimum standards for the position or if the appointing
authority believes an alternate candidate would better serve
the needs of the department, then the appointing authority has
the right to pass over the highest ranked person and appoint
either: (i) any person who has a ranking in the top 5% of the
register of eligibles or (ii) any person who is among the top 5
highest ranked persons on the list of eligibles if the number
of people who have a ranking in the top 5% of the register of
eligibles is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall
not prejudice a person's opportunities to participate in
future examinations, including an examination held during the
time a candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire and police commissioners.
All certificates of appointment issued to any officer or
member of an affected department shall be signed by the
chairperson and secretary, respectively, of the board upon
appointment of such officer or member to the affected
department by action of the board. After being selected from
the register of eligibles to fill a vacancy in the affected
department, each appointee shall be presented with his or her

SB2150 - 24 - LRB102 17130 RLC 22561 b
certificate of appointment on the day on which he or she is
sworn in as a classified member of the affected department.
Firefighters who were not issued a certificate of appointment
when originally appointed shall be provided with a certificate
within 10 days after making a written request to the
chairperson of the board of fire and police commissioners.
Each person who accepts a certificate of appointment and
successfully completes his or her probationary period shall be
enrolled as a firefighter and as a regular member of the fire
department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of
the 97th General Assembly appointed to a fire department or
fire protection district or employed by a State university and
sworn or commissioned to perform firefighter duties or
paramedic duties, or both, except that the following persons
are not included: part-time firefighters; auxiliary, reserve,
or voluntary firefighters, including paid-on-call
firefighters; clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform firefighter duties; and
elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental

SB2150 - 25 - LRB102 17130 RLC 22561 b
aptitude and physical ability to perform the duties required
of members of the fire department in order to provide the
highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department shall be subject to examination and testing which
shall be public, competitive, and open to all applicants
unless the municipality shall by ordinance limit applicants to
residents of the municipality, county or counties in which the
municipality is located, State, or nation. Any examination and
testing procedure utilized under subsection (e) of this
Section shall be supported by appropriate validation evidence
and shall comply with all applicable State and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other prerequisites prerequites for
participation in an examination or for hire as a firefighter.
Any municipality may charge a fee to cover the costs of the
application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to
the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible

SB2150 - 26 - LRB102 17130 RLC 22561 b
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located
in Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section
21 of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district,
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the municipality begins to use full-time firefighters
to provide all or part of its fire protection service, or
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.

SB2150 - 27 - LRB102 17130 RLC 22561 b
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the

SB2150 - 28 - LRB102 17130 RLC 22561 b
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on
the final register of eligibles. The examination may also
include a subjective component based on merit criteria as

SB2150 - 29 - LRB102 17130 RLC 22561 b
determined by the commission. Scores from the examination must
be made available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written
examinations shall be administered in a manner that ensures
the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:

SB2150 - 30 - LRB102 17130 RLC 22561 b
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
may be based on standards developed, or approved, by the
local appointing authority.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of
proctors and monitors, open to the public, and subject to
reasonable regulations of the commission.

SB2150 - 31 - LRB102 17130 RLC 22561 b
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the commission so as to demonstrate a candidate's ability to
perform the essential functions of the job. The minimum score
set by the commission shall be supported by appropriate
validation evidence and shall comply with all applicable State
and federal laws. The appointing authority may conduct the
physical ability component and any subjective components
subsequent to the posting of the preliminary eligibility
register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score as set by

SB2150 - 32 - LRB102 17130 RLC 22561 b
the commission. The local appointing authority may prescribe
the score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of
persons whose total score is not less than the minimum score
for passage and who have passed the physical ability
examination. These persons shall take rank upon the register
as candidates in the order of their relative excellence based
on the highest to the lowest total points scored on the mental
aptitude, subjective component, and preference components of
the test administered in accordance with this Section. No more
than 60 days after each examination, an initial eligibility
list shall be posted by the commission. The list shall include
the final grades of the candidates without reference to
priority of the time of examination and subject to claim for
preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference
to priority of time of examination and subject to claim for
preference credit.

SB2150 - 33 - LRB102 17130 RLC 22561 b
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in
the military service of the United States for a period of
at least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field
of fire service or emergency medical services, or a
bachelor's degree from an accredited college or university
may be preferred for appointment to and employment with
the fire department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic shall be preferred for appointment
to and employment with the fire department of an affected
department providing emergency medical services.

SB2150 - 34 - LRB102 17130 RLC 22561 b
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, State of Illinois or nationally
licensed EMT, EMT-I, A-EMT, or any combination of those
capacities shall be awarded 0.5 point for each year of
successful service in one or more of those capacities, up
to a maximum of 5 points. Certified Firefighter III and
State of Illinois or nationally licensed paramedics shall
be awarded one point per year up to a maximum of 5 points.
Applicants from outside the municipality who were employed
as full-time firefighters or firefighter-paramedics by a
fire protection district or another municipality for at
least 2 years shall be awarded 5 experience preference
points. These additional points presuppose a rating scale
totaling 100 points available for the eligibility list. If
more or fewer points are used in the rating scale for the
eligibility list, the points awarded under this subsection
shall be increased or decreased by a factor equal to the
total possible points available for the examination
divided by 100.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number
of years of successful paid-on-call, part-time, or

SB2150 - 35 - LRB102 17130 RLC 22561 b
full-time service of any person. A candidate may not
receive the full amount of preference points under this
subsection if the amount of points awarded would place the
candidate before a veteran on the eligibility list. If
more than one candidate receiving experience preference
points is prevented from receiving all of their points due
to not being allowed to pass a veteran, the candidates
shall be placed on the list below the veteran in rank order
based on the totals received if all points under this
subsection were to be awarded. Any remaining ties on the
list shall be determined by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction shall be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meet the
qualifications for original appointment as a firefighter
specified in this Section are eligible to be awarded up to
20 preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of

SB2150 - 36 - LRB102 17130 RLC 22561 b
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section
10-2.1-4 of this Division and the terms established by a
Joint Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission may give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of
preference points for each category shall range from 0 to

SB2150 - 37 - LRB102 17130 RLC 22561 b
5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if
a candidate earns the maximum number of preference points
in all categories except item (7.5), that number may not
be less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference may be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates

SB2150 - 38 - LRB102 17130 RLC 22561 b
who are eligible for preference credit may make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim may be deemed waived. Final
eligibility registers may be established after the awarding of
verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to
the commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review, including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates
for original appointment after the names have been on the list

SB2150 - 39 - LRB102 17130 RLC 22561 b
for more than 2 years.
(i) Moral character. No person shall be appointed to a
fire department unless he or she is a person of good character;
not a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012, or arrest for any cause
without conviction thereon. Any such person who is in the
department may be removed on charges brought for violating
this subsection and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to
the Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the

SB2150 - 40 - LRB102 17130 RLC 22561 b
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
revised 11-26-19.)
Section 10. The Fire Protection District Act is amended by

SB2150 - 41 - LRB102 17130 RLC 22561 b
changing Section 16.06b as follows:
(70 ILCS 705/16.06b)
Sec. 16.06b. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow
the provisions of Section 16.06c, this Section shall apply to
all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251) this amendatory Act of the 97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in a no less stringent manner than the manner provided for in
this Section. Provisions of the Illinois Municipal Code, Fire
Protection District Act, fire district ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A fire protection district that is operating under a court
order or consent decree regarding original appointments to a
full-time fire department before August 4, 2011 (the effective

SB2150 - 42 - LRB102 17130 RLC 22561 b
date of Public Act 97-251) this amendatory Act of the 97th
General Assembly is exempt from the requirements of this
Section for the duration of the court order or consent decree.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
required by this Section. Only persons who meet or exceed the
performance standards required by the Section shall be placed
on a register of eligibles for original appointment to an
affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new
position or vacancy due to resignation, discharge, promotion,
death, the granting of a disability or retirement pension, or
any other cause, the appointing authority shall appoint to
that position the person with the highest ranking on the final
eligibility list. If the appointing authority has reason to
conclude that the highest ranked person fails to meet the
minimum standards for the position or if the appointing
authority believes an alternate candidate would better serve
the needs of the department, then the appointing authority has
the right to pass over the highest ranked person and appoint
either: (i) any person who has a ranking in the top 5% of the
register of eligibles or (ii) any person who is among the top 5
highest ranked persons on the list of eligibles if the number

SB2150 - 43 - LRB102 17130 RLC 22561 b
of people who have a ranking in the top 5% of the register of
eligibles is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall
not prejudice a person's opportunities to participate in
future examinations, including an examination held during the
time a candidate is already on the fire district's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire commissioners, or board of
trustees serving in the capacity of a board of fire
commissioners. All certificates of appointment issued to any
officer or member of an affected department shall be signed by
the chairperson and secretary, respectively, of the commission
upon appointment of such officer or member to the affected
department by action of the commission. After being selected
from the register of eligibles to fill a vacancy in the
affected department, 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. Firefighters who were not issued a certificate of
appointment when originally appointed shall be provided with a
certificate within 10 days after making a written request to
the chairperson of the board of fire commissioners, or board

SB2150 - 44 - LRB102 17130 RLC 22561 b
of trustees serving in the capacity of a board of fire
commissioners. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of
the 97th General Assembly appointed to a fire department or
fire protection district or employed by a State university and
sworn or commissioned to perform firefighter duties or
paramedic duties, or both, except that the following persons
are not included: part-time firefighters; auxiliary, reserve,
or voluntary firefighters, including paid-on-call
firefighters; clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform firefighter duties; and
elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required
of members of the fire department in order to provide the
highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department shall be subject to examination and testing which

SB2150 - 45 - LRB102 17130 RLC 22561 b
shall be public, competitive, and open to all applicants
unless the district shall by ordinance limit applicants to
residents of the district, county or counties in which the
district is located, State, or nation. Any examination and
testing procedure utilized under subsection (e) of this
Section shall be supported by appropriate validation evidence
and shall comply with all applicable State and federal laws.
Districts may establish educational, emergency medical service
licensure, and other prerequisites prerequites for
participation in an examination or for hire as a firefighter.
Any fire protection district may charge a fee to cover the
costs of the application process.
Residency requirements in effect at the time an individual
enters the fire service of a district cannot be made more
restrictive for that individual during his or her period of
service for that district, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to
the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the district,
except as provided in this Section. The age limitation does
not apply to:

SB2150 - 46 - LRB102 17130 RLC 22561 b
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located
in Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section
21 of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district;
(2) any person who has served a fire district as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the district begins to use full-time firefighters to
provide all or part of its fire protection service; or
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
district or their designees and agents.
No district shall require that any firefighter appointed

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to the lowest rank serve a probationary employment period of
longer than one year of actual active employment, which may
exclude periods of training, or injury or illness leaves,
including duty related leave, in excess of 30 calendar days.
Notwithstanding anything to the contrary in this Section, the
probationary employment period limitation may be extended for
a firefighter who is required, as a condition of employment,
to be a licensed paramedic, during which time the sole reason
that a firefighter may be discharged without a hearing is for
failing to meet the requirements for paramedic licensure.
In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum

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standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the district, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the district, or (ii) on the fire
protection district's Internet website. Additional notice of
the examination may be given as the commission shall
prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on
the final register of eligibles. The examination may also
include a subjective component based on merit criteria as
determined by the commission. Scores from the examination must
be made available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.

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Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written
examinations shall be administered in a manner that ensures
the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and

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endurance in performing tasks and evolutions. Tasks tested
may be based on standards developed, or approved, by the
local appointing authority.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of
proctors and monitors, open to the public, and subject to
reasonable regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.

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Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the appointing authorities so as to demonstrate a candidate's
ability to perform the essential functions of the job. The
minimum score set by the commission shall be supported by
appropriate validation evidence and shall comply with all
applicable State and federal laws. The appointing authority
may conduct the physical ability component and any subjective
components subsequent to the posting of the preliminary
eligibility register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of

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persons whose total score is not less than the minimum score
for passage and who have passed the physical ability
examination. These persons shall take rank upon the register
as candidates in the order of their relative excellence based
on the highest to the lowest total points scored on the mental
aptitude, subjective component, and preference components of
the test administered in accordance with this Section. No more
than 60 days after each examination, an initial eligibility
list shall be posted by the commission. The list shall include
the final grades of the candidates without reference to
priority of the time of examination and subject to claim for
preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference
to priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in
the military service of the United States for a period of
at least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members

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on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field
of fire service or emergency medical services, or a
bachelor's degree from an accredited college or university
may be preferred for appointment to and employment with
the fire department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
district who have been paid-on-call or part-time certified
Firefighter II, certified Firefighter III, State of
Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be

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awarded up to a maximum of 5 points. However, the
applicant may not be awarded more than 0.5 points for each
complete year of paid-on-call or part-time service.
Applicants from outside the district who were employed as
full-time firefighters or firefighter-paramedics by a fire
protection district or municipality for at least 2 years
may be awarded up to 5 experience preference points.
However, the applicant may not be awarded more than one
point for each complete year of full-time service.
Upon request by the commission, the governing body of
the district or in the case of applicants from outside the
district the governing body of any other fire protection
district or any municipality shall certify to the
commission, within 10 days after the request, the number
of years of successful paid-on-call, part-time, or
full-time service of any person. A candidate may not
receive the full amount of preference points under this
subsection if the amount of points awarded would place the
candidate before a veteran on the eligibility list. If
more than one candidate receiving experience preference
points is prevented from receiving all of their points due
to not being allowed to pass a veteran, the candidates
shall be placed on the list below the veteran in rank order
based on the totals received if all points under this
subsection were to be awarded. Any remaining ties on the
list shall be determined by lot.

SB2150 - 55 - LRB102 17130 RLC 22561 b
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meet the
qualifications for original appointment as a firefighter
specified in this Section are eligible to be awarded up to
20 preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section 16.06
of this Act and the terms established by a Joint
Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify

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the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of
preference points for each category shall range from 0 to
5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if
a candidate earns the maximum number of preference points
in all categories except item (7.5), that number may not
be less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility

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list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to
the commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire

SB2150 - 58 - LRB102 17130 RLC 22561 b
background review including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates
for original appointment after the names have been on the list
for more than 2 years.
(i) Moral character. No person shall be appointed to a
fire department unless he or she is a person of good character;
not a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and

SB2150 - 59 - LRB102 17130 RLC 22561 b
subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012, or arrest for any cause
without conviction thereon. Any such person who is in the
department may be removed on charges brought for violating
this subsection and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to
the Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Section, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in

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any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
revised 11-26-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.