Rep. Dave Winters
Filed: 3/20/2007
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1 | AMENDMENT TO HOUSE BILL 2920
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2 | AMENDMENT NO. ______. Amend House Bill 2920 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 10-2.1-6 as follows:
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6 | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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7 | Sec. 10-2.1-6. Examination of applicants; | ||||||
8 | disqualifications.
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9 | (a) All applicants for a position in either the fire or | ||||||
10 | police department
of the municipality shall be under 35 years | ||||||
11 | of age, shall be subject to an
examination that shall be | ||||||
12 | public, competitive, and open to all applicants
(unless the | ||||||
13 | council or board of trustees by ordinance limit applicants to
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14 | electors of the municipality, county, state or nation) and | ||||||
15 | shall be subject to
reasonable limitations as to residence, | ||||||
16 | health, habits, and moral character.
The municipality may not |
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1 | charge or collect any fee from an applicant who has
met all | ||||||
2 | prequalification standards established by the municipality for | ||||||
3 | any such
position.
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4 | (b) Residency requirements in effect at the time an | ||||||
5 | individual enters the
fire or police service of a municipality | ||||||
6 | (other than a municipality that
has more than 1,000,000 | ||||||
7 | inhabitants) cannot be made more restrictive for
that | ||||||
8 | individual during his period of service for that municipality, | ||||||
9 | or be
made a condition of promotion, except for the rank or | ||||||
10 | position of Fire or
Police Chief.
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11 | (c) No person with a record of misdemeanor convictions | ||||||
12 | except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | ||||||
13 | 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | ||||||
14 | 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | ||||||
15 | 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | ||||||
16 | 24-1 of the Criminal Code of 1961 or arrested for any cause but | ||||||
17 | not
convicted on that cause shall be disqualified from taking | ||||||
18 | the examination to
qualify for a position in the fire | ||||||
19 | department on grounds of habits or moral
character.
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20 | (d) The age limitation in subsection (a) does not apply (i) | ||||||
21 | to any person
previously employed as a policeman or fireman in | ||||||
22 | a regularly constituted police
or fire department of (I) any | ||||||
23 | municipality , regardless of whether the municipality is | ||||||
24 | located in Illinois or in another state, or (II) a fire | ||||||
25 | protection district
whose obligations were assumed by a | ||||||
26 | municipality under Section 21 of the Fire
Protection District |
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1 | Act, (ii) to any person who has served a municipality as a
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2 | regularly enrolled volunteer fireman for 5 years immediately | ||||||
3 | preceding the time
that municipality begins to use full time | ||||||
4 | firemen to provide all or part of its
fire protection service, | ||||||
5 | or (iii) to any person who has served as an auxiliary police | ||||||
6 | officer under Section 3.1-30-20 for at least 5 years and is | ||||||
7 | under 40 years of
age, (iv) to any person who has served as a | ||||||
8 | deputy under Section 3-6008 of
the Counties Code and otherwise | ||||||
9 | meets necessary training requirements, or (v) to any person who | ||||||
10 | has served as a sworn officer as a member of the Illinois | ||||||
11 | Department of State Police.
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12 | (e) Applicants who are 20 years of age and who have | ||||||
13 | successfully completed 2
years of law enforcement studies at an | ||||||
14 | accredited college or university may be
considered for | ||||||
15 | appointment to active duty with the police department. An
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16 | applicant described in this subsection (e) who is appointed to | ||||||
17 | active duty
shall not have power of arrest, nor shall the | ||||||
18 | applicant be permitted to carry
firearms, until he or she | ||||||
19 | reaches 21 years of age.
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20 | (f) Applicants who are 18 years of age and who have | ||||||
21 | successfully
completed 2 years of study in fire techniques, | ||||||
22 | amounting to a total of 4
high school credits, within the cadet | ||||||
23 | program of a municipality may be
considered for appointment to | ||||||
24 | active duty with the fire department of any
municipality.
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25 | (g) The council or board of trustees may by ordinance | ||||||
26 | provide
that persons residing outside the municipality are |
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1 | eligible to take the
examination.
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2 | (h) The examinations shall be practical in character and | ||||||
3 | relate to
those matters that will fairly test the capacity of | ||||||
4 | the persons examined
to discharge the duties of the positions | ||||||
5 | to which they seek appointment. No
person shall be appointed to | ||||||
6 | the police or fire department if he or she does
not possess a | ||||||
7 | high school diploma or an equivalent high school education.
A | ||||||
8 | board of fire and police commissioners may, by its rules, | ||||||
9 | require police
applicants to have obtained an associate's | ||||||
10 | degree or a bachelor's degree as a
prerequisite for employment. | ||||||
11 | The
examinations shall include tests of physical | ||||||
12 | qualifications and health. No
person shall be appointed to the | ||||||
13 | police or fire department if he or she has
suffered the | ||||||
14 | amputation of any limb unless the applicant's duties will be | ||||||
15 | only
clerical or as a radio operator. No applicant shall be | ||||||
16 | examined concerning his
or her political or religious opinions | ||||||
17 | or affiliations. The examinations shall
be conducted by the | ||||||
18 | board of fire and police commissioners of the municipality
as | ||||||
19 | provided in this Division 2.1.
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20 | (i) No person who is classified by his local selective | ||||||
21 | service draft board
as a conscientious objector, or who has | ||||||
22 | ever been so classified, may be
appointed to the police | ||||||
23 | department.
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24 | (j) No person shall be appointed to the police or fire | ||||||
25 | department unless he
or she is a person of good character and | ||||||
26 | not an habitual drunkard, gambler, or
a person who has been |
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1 | convicted of a felony or a crime involving moral
turpitude. No | ||||||
2 | person, however, shall be disqualified from appointment to the
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3 | fire department because of his or her record of misdemeanor | ||||||
4 | convictions except
those under Sections 11-6, 11-7, 11-9, | ||||||
5 | 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, | ||||||
6 | 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | ||||||
7 | 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | ||||||
8 | of Section
24-1 of the Criminal Code of 1961 or arrest for any | ||||||
9 | cause without conviction on
that cause. Any such person who is | ||||||
10 | in the department may be removed on charges
brought and after a | ||||||
11 | trial as provided in this Division 2.1.
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12 | (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06.)".
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