Bill Text: IL SB2826 | 2013-2014 | 98th General Assembly | Enrolled

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

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Bill Title: Amends the Fire Protection District Act. Makes a technical change in a Section concerning an election against organization as a fire protection district.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0760 [SB2826 Detail]

Download: Illinois-2013-SB2826-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and
10-2.1-6.4 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 the effective date of 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

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continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before the effective date of 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.

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

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The sole authority to issue certificates of appointment
shall be vested in the Civil Service Commission. All
certificates of appointment issued to any officer or member of
an affected department shall be signed by the chairperson and
secretary, respectively, of the commission upon appointment of
such officer or member to the affected department by the
commission. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of 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

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members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the municipality
shall by ordinance limit applicants to residents of the
municipality, county or counties in which the municipality is
located, State, or nation. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable state and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other pre-requisites for participation
in an examination or for hire as a firefighter. Any
municipality may charge a fee to cover the costs of the
application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
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

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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, or
(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.
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,

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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 certified 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
certification.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final
eligibility register provided for in this Division 1 has not
been appointed to a firefighter position within one year after
the date of his or her physical ability examination, the
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

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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 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

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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 endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.

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(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.
Passage of the written examination means attaining the minimum
score set by the commission a score that is at or above the
median score for all applicants participating in the written
test. Minimum scores should be set by the commission so as to

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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 be at or above the median score. 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
median score.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum score for
passage fixed by this Section and who have passed the physical

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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
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and

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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
certification as an Emergency Medical Technician-Paramedic
(EMT-P) 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-B or EMT-I, licensed
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the applicant

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

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residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission shall determine the number of preference points
for each category except (1). The number of preference
points for each category shall range from 0 to 5. In
determining the number of preference points, the
commission shall prescribe that if a candidate earns the
maximum number of preference points in all categories, that
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

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under this Section, but the total number of preference
points shall not be less than 10 points or more than 30
points.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. All employment shall be subject
to the commission's initial hire background review including,
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

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abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
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

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Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
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

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was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
97-1150, eff. 1-25-13.)
(65 ILCS 5/10-1-7.2)
Sec. 10-1-7.2. Alternative procedure; original
appointment; full-time firefighter.
(a) Authority. The Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may establish a community outreach program to
market the profession of firefighter and firefighter-paramedic
so as to ensure the pool of applicants recruited is of broad
diversity and the highest quality.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of 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.

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(b) Eligibility. Persons eligible for placement on the
master register of eligibles shall consist of the following:
Persons who have participated in and received a passing
total score on the mental aptitude, physical ability, and
preference components of a regionally administered test
based on the standards described in this Section. The
standards for administering these tests and the minimum
passing score required for placement on this list shall be
as is set forth in this Section.
Qualified candidates shall be listed on the master
register of eligibles in highest to lowest rank order based
upon their test scores without regard to their date of
examination. Candidates listed on the master register of
eligibles shall be eligible for appointment for 2 years
after the date of the certification of their final score on
the register without regard to the date of their
examination. After 2 years, the candidate's name shall be
struck from the list.
Any person currently employed as a full-time member of
a fire department or any person who has experienced a
non–voluntary (and non-disciplinary) separation from the
active workforce due to a reduction in the number of
departmental officers, who was appointed pursuant to this
Division, Division 2.1 of Article 10 of the Illinois
Municipal Code, or the Fire Protection District Act, and
who during the previous 24 months participated in and

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received a passing score on the physical ability and mental
aptitude components of the test may request that his or her
name be added to the master register. Any eligible person
may be offered employment by a local commission under the
same procedures as provided by this Section except that the
apprenticeship period may be waived and the applicant may
be immediately issued a certificate of original
appointment by the local commission.
(c) Qualifications for placement on register of eligibles.
The purpose for establishing a master register of eligibles
shall be 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 through examination conducted by the Joint Labor and
Management Committee (JLMC) shall be subject to examination and
testing which shall be public, competitive, and open to all
applicants. 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. Any subjective component of
the testing must be administered by certified assessors. All
qualifying and disqualifying factors applicable to examination
processes for local commissions in this amendatory Act of the
97th General Assembly shall be applicable to persons

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participating in Joint Labor and Management Committee
examinations unless specifically provided otherwise in this
Section.
Notice of the time, place, general scope, and fee of every
JLMC examination shall be given by the JLMC or designated
testing agency, as applicable, by publication at least 30 days
preceding the examination, in one or more newspapers published
in the region, or if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
region. The JLMC may publish the notice on the JLMC's Internet
website. Additional notice of the examination may be given as
the JLMC shall prescribe.
(d) Examination and testing components for placement on
register of eligibles. The examination and qualifying
standards for placement on the master register of eligibles and
employment shall be based on the following components: 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 master register of eligibles. The
consideration of an applicant's general moral character and
health shall be administered on a pass-fail basis after a
conditional offer of employment is made by a local commission.
(e) Mental aptitude. Examination of an applicant's mental
aptitude shall be based upon written examination and an
applicant's prior experience demonstrating an aptitude for and

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commitment to service as a member of a fire department. Written
examinations 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. Any subjective component of the testing must be
administered by certified assessors. No person who does not
possess a high school diploma or an equivalent high school
education shall be placed on a register of eligibles. Local
commissions may establish educational, emergency medical
service licensure, and other pre-requisites for hire within
their jurisdiction.
(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 each of the following

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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 are to be
based on industry standards developed by the JLMC by rule.
(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.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the master register of eligibles shall be
determined by the person's score on the written examination,
the person successfully passing the physical ability

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component, and the addition of any applicable preference
points.
Applicants who have achieved at least the minimum median
score on of all applicants participating in the written
examination, as set by the JLMC at the same time, and who
successfully pass the physical ability examination shall be
placed on the initial eligibility register. Minimum scores
should be set by the JLMC so as to demonstrate a candidate's
ability to perform the essential functions of the job. The
minimum score set by the JLMC shall be supported by appropriate
validation evidence and shall comply with all applicable state
and federal laws. Applicable preference points shall be added
to the written examination scores for all applicants who
qualify for the initial eligibility register. Applicants who
score at or above the minimum passing score as set by the JLMC
in the top 70th percentile or higher, including any applicable
preference points, shall be placed on the master register of
eligibles by the JLMC.
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 and physical ability components, plus any applicable
preference points requested and verified by the JLMC, or
approved testing agency.
No more than 60 days after each examination, a revised
master register of eligibles shall be posted by the JLMC

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showing the final grades of the candidates without reference to
priority of time of examination.
(h) Preferences. The board shall give military, education,
and experience preference points to those who qualify for
placement on the master register of eligibles, on the same
basis as provided for examinations administered by a local
commission.
No person entitled to preference or credit shall be
required to claim the credit before any examination held under
the provisions of this Section. The preference shall be given
after the posting or publication of the applicant's initial
score at the request of the person before finalizing the scores
from all applicants taking part in a JLMC examination.
Candidates who are eligible for preference credit shall make a
claim in writing within 10 days after the posting of the
initial scores from any JLMC test or the claim shall be deemed
waived. Once preference points are awarded, the candidates
shall be certified to the master register in accordance with
their final score including preference points.
(i) Firefighter apprentice and firefighter-paramedic
apprentice. The employment of an applicant to an apprentice
position (including a currently employed full-time member of a
fire department whose apprenticeship may be reduced or waived)
shall be subject to the applicant passing the moral character
standards and health examinations of the local commission. In
addition, a local commission may require as a condition of

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employment that the applicant demonstrate current physical
ability by either passing the local commission's approved
physical ability examination, or by presenting proof of
participating in and receiving a passing score on the physical
ability component of a JLMC test within a period of up to 12
months before the date of the conditional offer of employment.
Applicants shall be subject to the local commission's initial
hire background review including criminal history, employment
history, moral character, oral examination, and medical
examinations which may include polygraph, psychological, and
drug screening components, all on a pass-fail basis. The
medical examinations must be conducted last, and may only be
performed after a conditional offer of employment has been
extended.
(j) Selection from list. Any municipality or fire
protection district that is a party to an intergovernmental
agreement under the terms of which persons have been tested for
placement on the master register of eligibles shall be entitled
to offer employment to any person on the list irrespective of
their ranking on the list. The offer of employment shall be to
the position of firefighter apprentice or
firefighter-paramedic apprentice.
Applicants passing these tests may be employed as a
firefighter apprentice or a firefighter-paramedic apprentice
who shall serve an apprenticeship period of 12 months or less
according to the terms and conditions of employment as the

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employing municipality or district offers, or as provided for
under the terms of any collective bargaining agreement then in
effect. The apprenticeship period is separate from the
probationary period.
Service during the apprenticeship period shall be on a
probationary basis. During the apprenticeship period, the
apprentice's training and performance shall be monitored and
evaluated by a Joint Apprenticeship Committee.
The Joint Apprenticeship Committee shall consist of 4
members who shall be regular members of the fire department
with at least 10 years of full-time work experience as a
firefighter or firefighter-paramedic. The fire chief and the
president of the exclusive bargaining representative
recognized by the employer shall each appoint 2 members to the
Joint Apprenticeship Committee. In the absence of an exclusive
collective bargaining representative, the chief shall appoint
the remaining 2 members who shall be from the ranks of company
officer and firefighter with at least 10 years of work
experience as a firefighter or firefighter-paramedic. In the
absence of a sufficient number of qualified firefighters, the
Joint Apprenticeship Committee members shall have the amount of
experience and the type of qualifications as is reasonable
given the circumstances of the fire department. In the absence
of a full-time member in a rank between chief and the highest
rank in a bargaining unit, the Joint Apprenticeship Committee
shall be reduced to 2 members, one to be appointed by the chief

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and one by the union president, if any. If there is no
exclusive bargaining representative, the chief shall appoint
the second member of the Joint Apprenticeship Committee from
among qualified members in the ranks of company officer and
below. Before the conclusion of the apprenticeship period, the
Joint Apprenticeship Committee shall meet to consider the
apprentice's progress and performance and vote to retain the
apprentice as a member of the fire department or to terminate
the apprenticeship. If 3 of the 4 members of the Joint
Apprenticeship Committee affirmatively vote to retain the
apprentice (if a 2 member Joint Apprenticeship Committee
exists, then both members must affirmatively vote to retain the
apprentice), the local commission shall issue the apprentice a
certificate of original appointment to the fire department.
(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.
(l) Applicability. This Section does not apply to a
municipality with more than 1,000,000 inhabitants.

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(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
(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 the effective date of 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

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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 the effective date of 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

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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
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. Each person who accepts a certificate of appointment

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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 the effective date
of 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 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

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located, State, or nation. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable state and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other pre-requisites for participation
in an examination or for hire as a firefighter. Any
municipality may charge a fee to cover the costs of the
application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
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

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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, or
(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.
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 certified paramedic, during which time the
sole reason that a firefighter may be discharged without a

SB2826 Enrolled - 36 - LRB098 16310 JLK 51370 b
hearing is for failing to meet the requirements for paramedic
certification.
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
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

SB2826 Enrolled - 37 - LRB098 16310 JLK 51370 b
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 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

SB2826 Enrolled - 38 - LRB098 16310 JLK 51370 b
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 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

SB2826 Enrolled - 39 - LRB098 16310 JLK 51370 b
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.
Passage of the written examination means attaining the minimum
score set by the commission a score that is at or above the
median score for all applicants participating in the written
test. 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.

SB2826 Enrolled - 40 - LRB098 16310 JLK 51370 b
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
the commission median score. 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 median score.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum score for
passage fixed by this Section 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

SB2826 Enrolled - 41 - LRB098 16310 JLK 51370 b
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
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

SB2826 Enrolled - 42 - LRB098 16310 JLK 51370 b
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
certification as an Emergency Medical Technician-Paramedic
(EMT-P) shall 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, State of Illinois or nationally
licensed EMT-B or EMT-I, 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

SB2826 Enrolled - 43 - LRB098 16310 JLK 51370 b
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 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

SB2826 Enrolled - 44 - LRB098 16310 JLK 51370 b
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission shall determine the number of preference points
for each category except (1). The number of preference
points for each category shall range from 0 to 5. In
determining the number of preference points, the
commission shall prescribe that if a candidate earns the
maximum number of preference points in all categories, that
number may not be less than 10 nor more than 30. The
commission shall give preference for original appointment
to persons designated in items (2) through (7) by adding
the requisite number of points to the final grade for each
recognized preference achieved. The numerical result thus
attained shall be applied by the commission in determining
the final eligibility list and appointment from the
eligibility list. The local appointing authority may
prescribe the total number of preference points awarded
under this Section, but the total number of preference
points shall not be less than 10 points or more than 30

SB2826 Enrolled - 45 - LRB098 16310 JLK 51370 b
points.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. All employment shall be subject
to the commission's initial hire background review including,
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

SB2826 Enrolled - 46 - LRB098 16310 JLK 51370 b
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
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

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consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
State Police Law of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
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.

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(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
97-1150, eff. 1-25-13.)
(65 ILCS 5/10-2.1-6.4)
Sec. 10-2.1-6.4. Alternative procedure; original
appointment; full-time firefighter.
(a) Authority. The Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may establish a community outreach program to
market the profession of firefighter and firefighter-paramedic
so as to ensure the pool of applicants recruited is of broad
diversity and the highest quality.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of 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.
(b) Eligibility. Persons eligible for placement on the
master register of eligibles shall consist of the following:

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Persons who have participated in and received a passing
total score on the mental aptitude, physical ability, and
preference components of a regionally administered test
based on the standards described in this Section. The
standards for administering these tests and the minimum
passing score required for placement on this list shall be
as is set forth in this Section.
Qualified candidates shall be listed on the master
register of eligibles in highest to lowest rank order based
upon their test scores without regard to their date of
examination. Candidates listed on the master register of
eligibles shall be eligible for appointment for 2 years
after the date of the certification of their final score on
the register without regard to the date of their
examination. After 2 years, the candidate's name shall be
struck from the list.
Any person currently employed as a full-time member of
a fire department or any person who has experienced a
non–voluntary (and non-disciplinary) separation from the
active workforce due to a reduction in the number of
departmental officers, who was appointed pursuant to
Division 1 of Article 10 of the Illinois Municipal Code,
Division 2.1 of Article 10 of the Illinois Municipal Code,
or the Fire Protection District Act, and who during the
previous 24 months participated in and received a passing
score on the physical ability and mental aptitude

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components of the test may request that his or her name be
added to the master register. Any eligible person may be
offered employment by a local commission under the same
procedures as provided by this Section except that the
apprenticeship period may be waived and the applicant may
be immediately issued a certificate of original
appointment by the local commission.
(c) Qualifications for placement on register of eligibles.
The purpose for establishing a master register of eligibles
shall be 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 through examination conducted by the Joint Labor and
Management Committee (JLMC) shall be subject to examination and
testing which shall be public, competitive, and open to all
applicants. 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. Any subjective component of
the testing must be administered by certified assessors. All
qualifying and disqualifying factors applicable to examination
processes for local commissions in this amendatory Act of the
97th General Assembly shall be applicable to persons
participating in Joint Labor and Management Committee

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examinations unless specifically provided otherwise in this
Section.
Notice of the time, place, general scope, and fee of every
JLMC examination shall be given by the JLMC or designated
testing agency, as applicable, by a publication at least 30
days preceding the examination, in one or more newspapers
published in the region, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the region. The JLMC may publish the notice
on the JLMC's Internet website. Additional notice of the
examination may be given as the JLMC shall prescribe.
(d) Examination and testing components for placement on
register of eligibles. The examination and qualifying
standards for placement on the master register of eligibles and
employment shall be based on the following components: 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 master register of eligibles. The
consideration of an applicant's general moral character and
health shall be administered on a pass-fail basis after a
conditional offer of employment is made by a local commission.
(e) Mental aptitude. Examination of an applicant's mental
aptitude shall be based upon written examination and an
applicant's prior experience demonstrating an aptitude for and
commitment to service as a member of a fire department. Written

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examinations 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. Any subjective component of the testing must be
administered by certified assessors. No person who does not
possess a high school diploma or an equivalent high school
education shall be placed on a register of eligibles. Local
commissions may establish educational, emergency medical
service licensure, and other pre-requisites for hire within
their jurisdiction.
(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 each of the following
dimensions:

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(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 are to be
based on industry standards developed by the JLMC by rule.
(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.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the master register of eligibles shall be
determined by the person's score on the written examination,
the person successfully passing the physical ability
component, and the addition of any applicable preference

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points.
Applicants who have achieved at least the minimum score as
set by the JLMC median score of all applicants participating in
the written examination at the same time, and who successfully
pass the physical ability examination shall be placed on the
initial eligibility register. 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. Applicable preference points shall be added
to the written examination scores for all applicants who
qualify for the initial eligibility register. Applicants who
score at or above the minimum passing score as set by the JLMC
in the top 70th percentile or higher, including any applicable
preference points, shall be placed on the master register of
eligibles by the JLMC.
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 and physical ability components, plus any applicable
preference points requested and verified by the JLMC, or
approved testing agency.
No more than 60 days after each examination, a revised
master register of eligibles shall be posted by the JLMC
showing the final grades of the candidates without reference to

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priority of time of examination.
(h) Preferences. The board shall give military, education,
and experience preference points to those who qualify for
placement on the master register of eligibles, on the same
basis as provided for examinations administered by a local
commission.
No person entitled to preference or credit shall be
required to claim the credit before any examination held under
the provisions of this Section. The preference shall be given
after the posting or publication of the applicant's initial
score at the request of the person before finalizing the scores
from all applicants taking part in a JLMC examination.
Candidates who are eligible for preference credit shall make a
claim in writing within 10 days after the posting of the
initial scores from any JLMC test or the claim shall be deemed
waived. Once preference points are awarded, the candidates
shall be certified to the master register in accordance with
their final score including preference points.
(i) Firefighter apprentice and firefighter-paramedic
apprentice. The employment of an applicant to an apprentice
position (including a currently employed full-time member of a
fire department whose apprenticeship may be reduced or waived)
shall be subject to the applicant passing the moral character
standards and health examinations of the local commission. In
addition, a local commission may require as a condition of
employment that the applicant demonstrate current physical

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ability by either passing the local commission's approved
physical ability examination, or by presenting proof of
participating in and receiving a passing score on the physical
ability component of a JLMC test within a period of up to 12
months before the date of the conditional offer of employment.
Applicants shall be subject to the local commission's initial
hire background review including criminal history, employment
history, moral character, oral examination, and medical
examinations which may include polygraph, psychological, and
drug screening components, all on a pass-fail basis. The
medical examinations must be conducted last, and may only be
performed after a conditional offer of employment has been
extended.
(j) Selection from list. Any municipality or fire
protection district that is a party to an intergovernmental
agreement under the terms of which persons have been tested for
placement on the master register of eligibles shall be entitled
to offer employment to any person on the list irrespective of
their ranking on the list. The offer of employment shall be to
the position of firefighter apprentice or
firefighter-paramedic apprentice.
Applicants passing these tests may be employed as a
firefighter apprentice or a firefighter-paramedic apprentice
who shall serve an apprenticeship period of 12 months or less
according to the terms and conditions of employment as the
employing municipality or district offers, or as provided for

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under the terms of any collective bargaining agreement then in
effect. The apprenticeship period is separate from the
probationary period.
Service during the apprenticeship period shall be on a
probationary basis. During the apprenticeship period, the
apprentice's training and performance shall be monitored and
evaluated by a Joint Apprenticeship Committee.
The Joint Apprenticeship Committee shall consist of 4
members who shall be regular members of the fire department
with at least 10 years of full-time work experience as a
firefighter or firefighter-paramedic. The fire chief and the
president of the exclusive bargaining representative
recognized by the employer shall each appoint 2 members to the
Joint Apprenticeship Committee. In the absence of an exclusive
collective bargaining representative, the chief shall appoint
the remaining 2 members who shall be from the ranks of company
officer and firefighter with at least 10 years of work
experience as a firefighter or firefighter-paramedic. In the
absence of a sufficient number of qualified firefighters, the
Joint Apprenticeship Committee members shall have the amount of
experience and the type of qualifications as is reasonable
given the circumstances of the fire department. In the absence
of a full-time member in a rank between chief and the highest
rank in a bargaining unit, the Joint Apprenticeship Committee
shall be reduced to 2 members, one to be appointed by the chief
and one by the union president, if any. If there is no

SB2826 Enrolled - 58 - LRB098 16310 JLK 51370 b
exclusive bargaining representative, the chief shall appoint
the second member of the Joint Apprenticeship Committee from
among qualified members in the ranks of company officer and
below. Before the conclusion of the apprenticeship period, the
Joint Apprenticeship Committee shall meet to consider the
apprentice's progress and performance and vote to retain the
apprentice as a member of the fire department or to terminate
the apprenticeship. If 3 of the 4 members of the Joint
Apprenticeship Committee affirmatively vote to retain the
apprentice (if a 2 member Joint Apprenticeship Committee
exists, then both members must affirmatively vote to retain the
apprentice), the local commission shall issue the apprentice a
certificate of original appointment to the fire department.
(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.
(l) Applicability. This Section does not apply to a
municipality with more than 1,000,000 inhabitants.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)

SB2826 Enrolled - 59 - LRB098 16310 JLK 51370 b
Section 10. The Fire Protection District Act is amended by
changing Sections 16.06b and 16.06c 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 the effective date of 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

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order or consent decree regarding original appointments to a
full-time fire department before the effective date of 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

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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 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. 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 the effective date
of this amendatory Act of the 97th General Assembly appointed

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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 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 pre-requisites for participation in an examination or

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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:
(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, or
(2) any person who has served a fire district as a
regularly enrolled volunteer, paid-on-call, or part-time

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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.
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 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 certified 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 certification.
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

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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 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

SB2826 Enrolled - 66 - LRB098 16310 JLK 51370 b
determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made
available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,

SB2826 Enrolled - 67 - LRB098 16310 JLK 51370 b
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,
walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors

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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 a score that is at or above the
median score for all applicants participating in the written
test. 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).

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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 be at or above the median score. 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
median score.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum score for
passage fixed by this Section 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

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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 bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire

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department.
(4) Paramedic preference. Persons who have obtained
certification as an Emergency Medical Technician-Paramedic
(EMT-P) 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-B or EMT-I, licensed
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 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

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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.
(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 shall determine the number of preference points
for each category except (1). The number of preference
points for each category shall range from 0 to 5. In

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

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eligibility registers shall be established after the awarding
of verified preference points. All employment shall be subject
to the commission's initial hire background review including,
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,

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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
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

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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
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. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
97-1150, eff. 1-25-13.)
(70 ILCS 705/16.06c)
Sec. 16.06c. Alternative procedure; original appointment;
full-time firefighter.
(a) Authority. The Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may establish a community outreach program to
market the profession of firefighter and firefighter-paramedic
so as to ensure the pool of applicants recruited is of broad
diversity and the highest quality.

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For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after the effective date
of 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.
(b) Eligibility. Persons eligible for placement on the
master register of eligibles shall consist of the following:
Persons who have participated in and received a passing
total score on the mental aptitude, physical ability, and
preference components of a regionally administered test
based on the standards described in this Section. The
standards for administering these tests and the minimum
passing score required for placement on this list shall be
as is set forth in this Section.
Qualified candidates shall be listed on the master
register of eligibles in highest to lowest rank order based
upon their test scores without regard to their date of
examination. Candidates listed on the master register of
eligibles shall be eligible for appointment for 2 years

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after the date of the certification of their final score on
the register without regard to the date of their
examination. After 2 years, the candidate's name shall be
struck from the list.
Any person currently employed as a full-time member of
a fire department or any person who has experienced a
non–voluntary (and non-disciplinary) separation from the
active workforce due to a reduction in the number of
departmental officers, who was appointed pursuant to
Division 1 of Article 10 of the Illinois Municipal Code,
Division 2.1 of Article 10 of the Illinois Municipal Code,
or the Fire Protection District Act, and who during the
previous 24 months participated in and received a passing
score on the physical ability and mental aptitude
components of the test may request that his or her name be
added to the master register. Any eligible person may be
offered employment by a local commission under the same
procedures as provided by this Section except that the
apprenticeship period may be waived and the applicant may
be immediately issued a certificate of original
appointment by the local commission.
(c) Qualifications for placement on register of eligibles.
The purpose for establishing a master register of eligibles
shall be 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

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the highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department through examination conducted by the Joint Labor and
Management Committee (JLMC) shall be subject to examination and
testing which shall be public, competitive, and open to all
applicants. 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. Any subjective component of
the testing must be administered by certified assessors. All
qualifying and disqualifying factors applicable to examination
processes for local commissions in this amendatory Act of the
97th General Assembly shall be applicable to persons
participating in Joint Labor and Management Committee
examinations unless specifically provided otherwise in this
Section.
Notice of the time, place, general scope, and fee of every
JLMC examination shall be given by the JLMC or designated
testing agency, as applicable, by a publication at least 30
days preceding the examination, in one or more newspapers
published in the region, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the region. The JLMC may publish the notice
on the JLMC's Internet website. Additional notice of the
examination may be given as the JLMC shall prescribe.
(d) Examination and testing components for placement on

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register of eligibles. The examination and qualifying
standards for placement on the master register of eligibles and
employment shall be based on the following components: 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 master register of eligibles. The
consideration of an applicant's general moral character and
health shall be administered on a pass-fail basis after a
conditional offer of employment is made by a local commission.
(e) Mental aptitude. Examination of an applicant's mental
aptitude shall be based upon written examination and an
applicant's prior experience demonstrating an aptitude for and
commitment to service as a member of a fire department. Written
examinations 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. Any subjective component of the testing must be
administered by certified assessors. No person who does not
possess a high school diploma or an equivalent high school
education shall be placed on a register of eligibles. Local
commissions may establish educational, emergency medical
service licensure, and other pre-requisites for hire within
their jurisdiction.

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(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 each of 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 are to be
based on industry standards developed by the JLMC by rule.
(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

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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.
(g) Scoring of examination components. The examination
components shall be graded on a 100-point scale. A person's
position on the master register of eligibles shall be
determined by the person's score on the written examination,
the person successfully passing the physical ability
component, and the addition of any applicable preference
points.
Applicants who have achieved at least the minimum score as
set by the JLMC on median score of all applicants participating
in the written examination at the same time, and who
successfully pass the physical ability examination shall be
placed on the initial eligibility register. Minimum scores
should be set by the JLMC so as to demonstrate a candidate's
ability to perform the essential functions of the job. The
minimum score set by the JLMC shall be supported by appropriate
validation evidence and shall comply with all applicable state
and federal laws. Applicable preference points shall be added
to the written examination scores for all applicants who

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qualify for the initial eligibility register. Applicants who
score at or above the minimum passing score as set by the JLMC
in the top 70th percentile or higher, including any applicable
preference points, shall be placed on the master register of
eligibles by the JLMC.
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 and physical ability components, plus any applicable
preference points requested and verified by the JLMC, or
approved testing agency.
No more than 60 days after each examination, a revised
master register of eligibles shall be posted by the JLMC
showing the final grades of the candidates without reference to
priority of time of examination.
(h) Preferences. The board shall give military, education,
and experience preference points to those who qualify for
placement on the master register of eligibles, on the same
basis as provided for examinations administered by a local
commission.
No person entitled to preference or credit shall be
required to claim the credit before any examination held under
the provisions of this Section. The preference shall be given
after the posting or publication of the applicant's initial
score at the request of the person before finalizing the scores
from all applicants taking part in a JLMC examination.

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Candidates who are eligible for preference credit shall make a
claim in writing within 10 days after the posting of the
initial scores from any JLMC test or the claim shall be deemed
waived. Once preference points are awarded, the candidates
shall be certified to the master register in accordance with
their final score including preference points.
(i) Firefighter apprentice and firefighter-paramedic
apprentice. The employment of an applicant to an apprentice
position (including a currently employed full-time member of a
fire department whose apprenticeship may be reduced or waived)
shall be subject to the applicant passing the moral character
standards and health examinations of the local commission. In
addition, a local commission may require as a condition of
employment that the applicant demonstrate current physical
ability by either passing the local commission's approved
physical ability examination, or by presenting proof of
participating in and receiving a passing score on the physical
ability component of a JLMC test within a period of up to 12
months before the date of the conditional offer of employment.
Applicants shall be subject to the local commission's initial
hire background review including criminal history, employment
history, moral character, oral examination, and medical
examinations which may include polygraph, psychological, and
drug screening components, all on a pass-fail basis. The
medical examinations must be conducted last, and may only be
performed after a conditional offer of employment has been

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extended.
(j) Selection from list. Any municipality or fire
protection district that is a party to an intergovernmental
agreement under the terms of which persons have been tested for
placement on the master register of eligibles shall be entitled
to offer employment to any person on the list irrespective of
their ranking on the list. The offer of employment shall be to
the position of firefighter apprentice or
firefighter-paramedic apprentice.
Applicants passing these tests may be employed as a
firefighter apprentice or a firefighter-paramedic apprentice
who shall serve an apprenticeship period of 12 months or less
according to the terms and conditions of employment as the
employing municipality or district offers, or as provided for
under the terms of any collective bargaining agreement then in
effect. The apprenticeship period is separate from the
probationary period.
Service during the apprenticeship period shall be on a
probationary basis. During the apprenticeship period, the
apprentice's training and performance shall be monitored and
evaluated by a Joint Apprenticeship Committee.
The Joint Apprenticeship Committee shall consist of 4
members who shall be regular members of the fire department
with at least 10 years of full-time work experience as a
firefighter or firefighter-paramedic. The fire chief and the
president of the exclusive bargaining representative

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recognized by the employer shall each appoint 2 members to the
Joint Apprenticeship Committee. In the absence of an exclusive
collective bargaining representative, the chief shall appoint
the remaining 2 members who shall be from the ranks of company
officer and firefighter with at least 10 years of work
experience as a firefighter or firefighter-paramedic. In the
absence of a sufficient number of qualified firefighters, the
Joint Apprenticeship Committee members shall have the amount of
experience and the type of qualifications as is reasonable
given the circumstances of the fire department. In the absence
of a full-time member in a rank between chief and the highest
rank in a bargaining unit, the Joint Apprenticeship Committee
shall be reduced to 2 members, one to be appointed by the chief
and one by the union president, if any. If there is no
exclusive bargaining representative, the chief shall appoint
the second member of the Joint Apprenticeship Committee from
among qualified members in the ranks of company officer and
below. Before the conclusion of the apprenticeship period, the
Joint Apprenticeship Committee shall meet to consider the
apprentice's progress and performance and vote to retain the
apprentice as a member of the fire department or to terminate
the apprenticeship. If 3 of the 4 members of the Joint
Apprenticeship Committee affirmatively vote to retain the
apprentice (if a 2 member Joint Apprenticeship Committee
exists, then both members must affirmatively vote to retain the
apprentice), the local commission shall issue the apprentice a

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certificate of original appointment to the fire department.
(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. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)