Public Act 094-0809
 		





SB0827 Enrolled
LRB094 04446 MKM 34475 b






    AN ACT concerning local government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5. The Fire Department Promotion Act is amended  by 
changing Section 10 as follows:
 



    (50 ILCS 742/10)



    Sec. 10. Applicability. 

    (a) This Act shall apply to all positions in an affected 
department, except
those specifically excluded in  items (i), 
(ii), (iii), (iv), and (v) of the
definition of "promotion" in 
Section 5 unless such positions are covered by a
collective 
bargaining agreement in force on the effective date of this 
Act.
Existing promotion lists shall continue to be valid until 
their expiration
dates, or up to a maximum of 3 years after the 
effective date of this Act.

    (b) Notwithstanding any statute, ordinance, rule, or other 
laws to the
contrary, all promotions in an affected department 
to which this Act applies
shall be administered in the manner 
provided for in this Act. Provisions of the
Illinois Municipal 
Code, the Fire Protection District Act, municipal
ordinances, 
or rules adopted pursuant to such authority and other laws

relating to promotions in affected departments shall continue 
to apply to the
extent they are compatible with this Act, but 
in the event of conflict between
this Act and any other law, 
this Act shall control.

    (c) A home rule or non-home rule municipality may not 
administer its fire
department promotion process in a manner 
that is inconsistent with this Act.
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.

    (d) This Act is intended to serve as a minimum standard and 
shall be
construed to authorize and not to limit:


        (1) An appointing authority from establishing 
    different or supplemental
promotional criteria or 
    components, provided that the criteria are
job-related and 
    applied uniformly.


        (2) The right of
negotiation by an employer and an 
    exclusive bargaining
representative to require an employer 
    to negotiate
of clauses within a collective bargaining 
    agreement relating to
conditions, criteria, or procedures 
    for the promotion of employees to ranks, as defined in 
    Section 5, covered by this Act
who are
members of 
    bargaining units.


        (3) The negotiation by an employer and an exclusive 
    bargaining
representative of provisions within a 
    collective bargaining agreement to
achieve affirmative 
    action objectives, provided that such clauses are

    consistent
with applicable law.

    (e) Local authorities and exclusive bargaining agents 
affected by this
Act may agree to waive one or more of its 
provisions and bargain on the
contents of those provisions, 
provided that any such waivers shall be
considered
permissive 
subjects of bargaining.

(Source: P.A. 93-411, eff. 8-4-03.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.