Illinois General Assembly - Full Text of HB2762
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Full Text of HB2762  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Frances Ann Hurley


50 ILCS 742/5

    Amends the Fire Department Promotion Act. Modifies the definition of "affected department" for purposes of the Act to include a municipality with a population over 1,000,000.

LRB101 09135 SLF 54229 b





HB2762LRB101 09135 SLF 54229 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Fire Department Promotion Act is amended by
5changing Section 5 as follows:
6    (50 ILCS 742/5)
7    Sec. 5. Definitions. In this Act:
8    "Affected department" or "department" means a full-time
9municipal fire department that is subject to a collective
10bargaining agreement or the fire department operated by a
11full-time fire protection district. The terms do not include
12fire departments operated by the State, a university, or a
13municipality with a population over 1,000,000 or any unit of
14local government other than a municipality or fire protection
15district. The terms also do not include a combined department
16that was providing both police and firefighting services on
17January 1, 2002.
18    "Appointing authority" means the Board of Fire and Police
19Commissioners, Board of Fire Commissioners, Civil Service
20Commissioners, Superintendent or Department Head, Fire
21Protection District Board of Trustees, or other entity having
22the authority to administer and grant promotions in an affected



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1    "Promotion" means any appointment or advancement to a rank
2within the affected department (1) for which an examination was
3required before January 1, 2002; (2) that is included within a
4bargaining unit; or (3) that is the next rank immediately above
5the highest rank included within a bargaining unit, provided
6such rank is not the only rank between the Fire Chief and the
7highest rank included within the bargaining unit, or is a rank
8otherwise excepted under item (i), (ii), (iii), (iv), or (v) of
9this definition. "Promotion" does not include appointments (i)
10that are for fewer than 180 days; (ii) to the positions of
11Superintendent, Chief, or other chief executive officer; (iii)
12to an exclusively administrative or executive rank for which an
13examination is not required; (iv) to a rank that was exempted
14by a home rule municipality prior to January 1, 2002, provided
15that after the effective date of this Act no home rule
16municipality may exempt any future or existing ranks from the
17provisions of this Act; or (v) to an administrative rank
18immediately below the Superintendent, Chief, or other chief
19executive officer of an affected department, provided such rank
20shall not be held by more than 2 persons and there is a
21promoted rank immediately below it. Notwithstanding the
22exceptions to the definition of "promotion" set forth in items
23(i), (ii), (iii), (iv), and (v) of this definition, promotions
24shall include any appointments to ranks covered by the terms of
25a collective bargaining agreement in effect on the effective
26date of this Act.



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1    "Preliminary promotion list" means the rank order of
2eligible candidates established in accordance with subsection
3(b) of Section 20 prior to applicable veteran's preference
4points. A person on the preliminary promotion list who is
5eligible for veteran's preference under the laws and agreements
6applicable to the appointing authority may file a written
7application for that preference within 10 days after the
8initial posting of the preliminary promotion list. The
9preference shall be calculated in accordance with Section 55
10and applied as an addition to the person's total point score on
11the examination. The appointing authority shall make
12adjustments to the preliminary promotion list based on any
13veteran's preference claimed and the final adjusted promotion
14list shall then be posted by the appointing authority.
15    "Rank" means any position within the chain of command of a
16fire department to which employees are regularly assigned to
17perform duties related to providing fire suppression, fire
18prevention, or emergency services.
19    "Final adjusted promotion list" means the promotion list
20for the position that is in effect on the date the position is
21created or the vacancy occurs. If there is no final adjusted
22promotion list in effect for that position on that date, or if
23all persons on the current final adjusted promotion list for
24that position refuse the promotion, the affected department
25shall not make a permanent promotion until a new final adjusted
26promotion list has been prepared in accordance with this Act,



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1but may make a temporary appointment to fill the vacancy.
2Temporary appointments shall not exceed 180 days.
3    Each component of the promotional test shall be scored on a
4scale of 100 points. The component scores shall then be reduced
5by the weighting factor assigned to the component on the test
6and the scores of all components shall be added to produce a
7total score based on a scale of 100 points.
8(Source: P.A. 93-411, eff. 8-4-03.)