Illinois General Assembly - Full Text of HB3115
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Full Text of HB3115  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Justin Slaughter


New Act
55 ILCS 5/3-7010  from Ch. 34, par. 3-7010
55 ILCS 5/3-8012  from Ch. 34, par. 3-8012
65 ILCS 5/10-1-13  from Ch. 24, par. 10-1-13
65 ILCS 5/10-2.1-15  from Ch. 24, par. 10-2.1-15
30 ILCS 805/8.47 new

    Creates the Police Department Promotion Act. Requires municipal police departments and sheriff departments to make promotions in accordance with the Act. Requires the preparation and publishing of promotion lists. Sets components that may be included in the promotion process. Sets requirements for written examinations, the award of seniority points, the award of ascertained merit points, subjective evaluations, and the award of veterans' preferences. Sets penalties for violations of the Act. Limits the concurrent exercise of home rule powers. Contains other provisions. Amends the Counties Code and Illinois Municipal Code to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

LRB103 25473 AWJ 51822 b






HB3115LRB103 25473 AWJ 51822 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 1. Short title. This Act may be cited as the Police
5Department Promotion Act.
6    Section 5. Definitions. In this Act:
7    "Affected department" or "department" means a full-time
8municipal police department that is subject to a collective
9bargaining agreement or the full-time members of a police
10department operated by a county sheriff. "Affected department"
11or "department" does not include police departments operated
12by the State or a municipality with a population over
131,000,000 or a combined department that was providing both
14police and firefighting services on January 1, 2002.
15    "Appointing authority" means a board of fire and police
16commissioners, board of police commissioners, Sheriff's Merit
17Commission, civil service commissioners, superintendent or
18department head, or other entity having the authority to
19administer and grant promotions in an affected department.
20    "Promotion" means any appointment or advancement to a rank
21within the affected department (1) for which an examination
22was required before January 1, 2022; (2) that is included
23within a bargaining unit; or (3) that is the next rank



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1immediately above the highest rank included within a
2bargaining unit, if the next rank is not the only rank between
3the police chief or sheriff and the highest rank included
4within the bargaining unit, or is a rank otherwise excepted
5under item (i), (ii), (iii), (iv), or (v) of this definition.
6"Promotion" does not include appointments: (i) that are for
7fewer than 180 days; (ii) to the positions of superintendent,
8chief, sheriff, or other chief executive officer; (iii) to an
9exclusively administrative or executive rank for which an
10examination is not required; (iv) to a rank that was exempted
11by a home rule municipality prior to January 1, 2022; or (v) to
12an administrative rank immediately below the superintendent,
13chief, sheriff, or other chief executive officer of an
14affected department if the rank shall not be held by more than
152 persons and there is a promoted rank immediately below it.
16Notwithstanding the exceptions to the definition of
17"promotion" set forth in items (i), (ii), (iii), (iv), and (v)
18of this definition, "promotion" includes any appointments to
19ranks covered by the terms of a collective bargaining
20agreement in effect on the effective date of this Act.
21    "Preliminary promotion list" means the rank order of
22eligible candidates established in accordance with subsection
23(b) of Section 20 prior to applicable veteran's preference
25    "Rank" means any position within the chain of command of
26an affected department to which employees are regularly



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1assigned to perform duties related to providing law
2enforcement, criminal investigation, or emergency services.
3    "Final-adjusted promotion list" means the promotion list
4for the position that is in effect on the date the position is
5created or the vacancy occurs. If there is no final-adjusted
6promotion list in effect for that position on that date, or if
7all persons on the current final-adjusted promotion list for
8that position refuse the promotion, the affected department
9shall not make a permanent promotion until a new
10final-adjusted promotion list has been prepared in accordance
11with this Act, but may make a temporary appointment to fill the
12vacancy. Temporary appointments shall not exceed 180 days.
13    Section 10. Applicability; home rule.
14    (a) This Act shall apply to all positions in an affected
15department, except those specifically excluded in items (i),
16(ii), (iii), (iv), and (v) of the definition of "promotion" in
17Section 5, unless the positions are covered by a collective
18bargaining agreement in force on the effective date of this
19Act. Existing promotion lists shall continue to be valid until
20their expiration dates or up to a maximum of 3 years after the
21effective date of this Act.
22    (b) Notwithstanding any statute, ordinance, rule, or other
23law to the contrary, all promotions in an affected department
24to which this Act applies shall be administered in the manner
25provided for in this Act. Provisions of the Illinois Municipal



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1Code, municipal ordinances, or rules adopted pursuant to such
2authority and other laws relating to promotions in affected
3departments shall continue to apply to the extent they are
4compatible with this Act, but, if this Act conflicts with any
5other law, this Act controls.
6    (c) A home rule or non-home rule municipality may not
7administer an affected department promotion process in a
8manner that is inconsistent with this Act. This Section is a
9limitation under subsection (i) of Section 6 of Article VII of
10the Illinois Constitution on the concurrent exercise by home
11rule units of the powers and functions exercised by the State.
12    (d) This Act is intended to serve as a minimum standard and
13shall be construed to authorize and not to limit any of the
15        (1) An appointing authority from establishing
16    different or supplemental promotional criteria or
17    components if the criteria are job-related and applied
18    uniformly.
19        (2) The right of an exclusive bargaining
20    representative to require an employer to negotiate clauses
21    within a collective bargaining agreement relating to
22    conditions, criteria, or procedures for the promotion of
23    employees to ranks covered by this Act.
24        (3) The negotiation by an employer and an exclusive
25    bargaining representative of provisions within a
26    collective bargaining agreement to achieve affirmative



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1    action objectives if the clauses are consistent with
2    applicable law.
3    (e) Local authorities and exclusive bargaining agents
4affected by this Act may agree to waive one or more of its
5provisions and bargain on the contents of those provisions if
6any of the waivers are considered permissive subjects of
8    Section 15. Promotion process.
9    (a) For the purpose of granting promotion to any rank to
10which this Act applies, the appointing authority shall from
11time to time, as necessary, administer a promotion process in
12accordance with this Act.
13    (b) Eligibility requirements to participate in the
14promotional process may include a minimum requirement as to
15the length of employment, education, training, and
16certification in subjects and skills related to policing.
17After the effective date of this Act, eligibility requirements
18shall be published at least one year prior to the date of the
19beginning of the promotional process and all members of the
20affected department shall be given an equal opportunity to
21meet those eligibility requirements.
22    (c) All aspects of the promotion process shall be equally
23accessible to all eligible employees of the department. Every
24component of the testing and evaluation procedures shall be
25published to all eligible candidates when the announcement of



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1promotional testing is made. The scores for each component of
2the testing and evaluation procedures shall be disclosed to
3each candidate as soon as practicable after the component is
5    (d) The appointing authority shall provide a separate
6promotional examination for each rank that is filled by
7promotion. All examinations for promotion shall be competitive
8among the members of the next lower rank who meet the
9established eligibility requirements and desire to submit
10themselves to examination. The appointing authority may employ
11consultants to design and administer promotion examinations or
12may adopt any job-related examinations or study materials that
13may become available, so long as they comply with the
14requirements of this Act.
15    Section 20. Promotion lists.
16    (a) For the purpose of granting a promotion to any rank to
17which this Act applies, the appointing authority shall from
18time to time, as necessary, prepare a preliminary promotion
19list in accordance with this Act. The preliminary promotion
20list shall be distributed, posted, or otherwise made
21conveniently available by the appointing authority to all
22members of the department.
23    (b) A person's position on the preliminary promotion list
24shall be determined by a combination of factors, which may
25include any of the following: (i) the person's score on the



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1written examination for that rank, determined in accordance
2with Section 35; (ii) the person's seniority within the
3department, determined in accordance with Section 40; (iii)
4the person's ascertained merit, determined in accordance with
5Section 45; and (iv) the person's score on the subjective
6evaluation, determined in accordance with Section 50.
7Candidates shall be ranked on the list in rank order based on
8the highest to the lowest total points scored on all the
9components of the test. Promotional components shall be
10determined and administered in accordance with the referenced
11Section, unless otherwise modified or agreed to as provided by
12paragraph (1) or (2) of subsection (d) of Section 10. The use
13of physical criteria, including, but not limited to, fitness
14testing, agility testing, and medical evaluations, is
15specifically barred from the promotion process. Each
16promotional component of the test shall be scored on a scale of
17100 points. The component scores shall then be reduced by the
18weighting factor assigned to the component on the test and the
19scores of all components shall be added to produce a total
20score based on a scale of 100 points.
21    (c) A person on the preliminary promotion list who is
22eligible for a veteran's preference under the laws and
23agreements applicable to the department may file a written
24application for that preference within 10 days after the
25initial posting of the preliminary promotion list. The
26preference shall be calculated as provided under Section 55



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1and added to the total score achieved by the candidate on the
2test. The appointing authority shall then make adjustments to
3the rank order of the preliminary promotion list based on any
4veteran's preferences awarded. The final-adjusted promotion
5list shall then be distributed, posted, or otherwise made
6conveniently available by the appointing authority to all
7members of the department.
8    (d) Whenever a promotional rank is created or becomes
9vacant due to resignation, discharge, promotion, death, the
10granting of a disability or retirement pension, or any other
11cause, the appointing authority shall appoint to that position
12the person with the highest ranking on the final promotion
13list for that rank, except that the appointing authority shall
14have the right to pass over that person and appoint the next
15highest ranked person on the list if the appointing authority
16has reason to conclude that the highest ranking person has
17demonstrated substantial shortcomings in work performance or
18has engaged in misconduct affecting the person's ability to
19perform the duties of the promoted rank since the posting of
20the promotion list. If the highest ranking person is passed
21over, the appointing authority shall document its reasons for
22its decision to select the next highest ranking person on the
23list. Unless the reasons for passing over the highest ranking
24person are not remediable, a person who is the highest ranking
25person on the list at the time of the vacancy may not be passed
26over more than once. Any dispute as to the selection of the



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1first or second highest ranking person shall be subject to
2resolution in accordance with any grievance procedure in
3effect covering the employee.
4    A vacancy occurs in a position on the date upon which the
5position is vacated, and, on that same date, a vacancy occurs
6in all ranks inferior to that rank if the position or positions
7continue to be funded and authorized by the corporate
8authorities. If a vacated position is not filled due to a lack
9of funding or authorization and is subsequently reinstated,
10the final promotion list shall be continued in effect until
11all positions vacated have been filled or for a period up to 5
12years beginning from the date on which the position was
13vacated. In such event, the candidate or candidates who would
14have otherwise been promoted when the vacancy originally
15occurred shall be promoted.
16    Any candidate may refuse a promotion once without losing
17his or her position on the final-adjusted promotion list. Any
18candidate who refuses promotion a second time shall be removed
19from the final-adjusted promotion list if the action doesn't
20prejudice a person's opportunities to participate in future
21promotion examinations.
22    (e) A final-adjusted promotion list shall remain valid and
23unaltered for a period of not less than 2 nor more than 3 years
24after the date of the initial posting. Integrated lists are
25prohibited, and, when a list expires, it shall be void, except
26as provided in subsection (d) of this Section. If a promotion



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1list is not in effect, a successor list shall be prepared and
2distributed within 180 days after a vacancy, as defined in
3subsection (d) of this Section.
4    (f) This Section does not apply to the initial hiring
6    Section 25. Monitoring.
7    (a) All aspects of the promotion process, including,
8without limitation, the administration, scoring, and posting
9of scores for the written examination and subjective
10evaluation and the determination and posting of seniority and
11ascertained merit scores, shall be subject to monitoring and
12review in accordance with this Section and Sections 30 and 50.
13    (b) Two impartial persons who are not members of the
14affected department shall be selected to act as observers by
15the exclusive bargaining agent. The appointing authorities may
16also select 2 additional impartial observers.
17    (c) The observers monitoring the promotion process are
18authorized to be present and observe when any component of the
19test is administered or scored. Except as otherwise agreed to
20in a collective bargaining agreement, observers may not
21interfere with the promotion process, but shall promptly
22report any observed or suspected violation of the requirements
23of this Act or an applicable collective bargaining agreement
24to the appointing authority and all other affected parties.
25    (d) The provisions of this Section do not apply to the



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1extent that they are inconsistent with provisions otherwise
2agreed to in a collective bargaining agreement.
3    Section 30. Promotion examination components. Promotion
4examinations that include components consisting of written
5examinations, seniority points, ascertained merit, or
6subjective evaluations shall be administered as provided in
7Sections 35, 40, 45, and 50. The weight, if any, that is given
8to any component included in a test may be set at the
9discretion of the appointing authority if the weight is
10subject to modification by the terms of any collective
11bargaining agreement in effect on the effective date of this
12Act or thereafter by negotiations between the employer and an
13exclusive bargaining representative. If the appointing
14authority establishes a minimum passing score, the score shall
15be announced prior to the date of the promotion process, and it
16must be an aggregate of all components of the testing process.
17All candidates shall be allowed to participate in all
18components of the testing process irrespective of their score
19on any one component. The provisions of this Section do not
20apply to the extent that they are inconsistent with provisions
21otherwise agreed to in a collective bargaining agreement.
22    Section 35. Written examinations.
23    (a) The appointing authority may not condition eligibility
24to take the written examination on the candidate's score on



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1any of the previous components of the examination. The written
2examination for a particular rank shall consist of matters
3relating to the duties regularly performed by persons holding
4that rank within the department. The examination shall be
5based only on the contents of written materials that the
6appointing authority has identified and made readily available
7to potential examinees at least 90 days before the examination
8is administered. The test questions and material must be
9pertinent to the particular rank for which the examination is
10being given. The written examination shall be administered
11after the determination and posting of the seniority list,
12ascertained merit points, and subjective evaluation scores.
13The written examination shall be administered, the test
14materials opened, and the results scored and tabulated.
15    (b) Written examinations shall be graded at the
16examination site on the day of the examination immediately
17upon completion of the test in front of the observers if the
18observers are appointed under Section 25, or, if the tests are
19graded offsite by a bona fide testing agency, the observers
20shall witness the sealing and the shipping of the tests for
21grading and the subsequent opening of the scores upon the
22return from the testing agency. Every examinee shall have the
23right (i) to obtain his or her score on the examination on the
24day of the examination or upon the day of its return from the
25testing agency (or the appointing authority shall require the
26testing agency to mail the individual scores to any address



HB3115- 13 -LRB103 25473 AWJ 51822 b

1submitted by the candidates on the day of the examination),
2and (ii) to review the answers to the examination that the
3examiners consider correct. The appointing authority may hold
4a review session after the examination for the purpose of
5gathering feedback on the examination from the candidates. The
6review sessions shall be at no cost to the candidates.
7    (c) Sample written examinations may be examined by the
8appointing authority and members of the department, but no
9person in the department or the appointing authority
10(including the chief, civil service commissioners, board of
11fire and police commissioners, board of police commissioners,
12Sheriff's Merit Commission, and other appointed or elected
13officials) may see or examine the specific questions on the
14actual written examination before the examination is
15administered. If a sample examination is used, actual test
16questions shall not be included. It is a violation of this Act
17for any member of the department or the appointing authority
18to obtain or divulge foreknowledge of the contents of the
19written examination before it is administered.
20    (d) Each department shall maintain reading and study
21materials for its current written examination and the reading
22list for the last 2 written examinations or for a period of 5
23years, whichever is less, for each rank and shall make these
24materials available and accessible at each duty station.
25    (e) The provisions of this Section do not apply to the
26extent that they are in conflict with provisions otherwise



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1agreed to in a collective bargaining agreement.
2    Section 40. Seniority points.
3    (a) Seniority points shall be based only upon service with
4the affected department and shall be calculated as of the date
5of the written examination. The weight of this component and
6its computation shall be determined by the appointing
7authority or through a collective bargaining agreement.
8    (b) A seniority list shall be posted before the written
9examination is given and before the preliminary promotion list
10is compiled. The seniority list shall include the seniority
11date, any breaks in service, the total number of eligible
12years, and the number of seniority points.
13    Section 45. Ascertained merit.
14    (a) The promotion test may include points for ascertained
15merit. Ascertained merit points may be awarded for education,
16training, and certification in subjects and skills related to
17policing. The basis for granting ascertained merit points,
18after the effective date of this Act, shall be published at
19least one year prior to the date ascertained merit points are
20awarded and all persons eligible to compete for promotion
21shall be given an equal opportunity to obtain ascertained
22merit points unless otherwise agreed to in a collective
23bargaining agreement.
24    (b) Total points awarded for ascertained merit shall be



HB3115- 15 -LRB103 25473 AWJ 51822 b

1posted before the written examination is administered and
2before the promotion list is compiled.
3    Section 50. Subjective evaluation.
4    (a) A promotion test may include subjective evaluation
5components. Subjective evaluations may include an oral
6interview, tactical evaluation, performance evaluation, or
7other component based on subjective evaluation of the
8examinee. The methods used for subjective evaluations may
9include using any employee assessment centers, evaluation
10systems, chief's points, or other methods.
11    (b) Any subjective component shall be identified to all
12candidates prior to its application, be job-related, and be
13applied uniformly to all candidates. Every examinee shall have
14the right to documentation of his or her score on the
15subjective component upon the completion of the subjective
16examination component or its application. A designated
17representative of the contracting union party shall be
18notified and be entitled to be present to monitor any
19preliminary meeting between certified assessors or
20representatives of a testing agency and representatives of the
21appointing authority held prior to the administration of the
22test to candidates for promotion.
23    (c) Where chief's points or other subjective methods are
24employed that are not amenable to monitoring, monitors shall
25not be required, but any disputes as to the results of such



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1methods shall be subject to resolution in accordance with any
2collectively bargained grievance procedure in effect at the
3time of the test.
4    (d) Where performance evaluations are used as a basis for
5promotions, they shall be given annually and made readily
6available to each candidate for review and they shall include
7any disagreement or documentation the employee provides to
8refute or contest the evaluation. These annual evaluations are
9not subject to grievance procedures, unless used for points in
10the promotion process.
11    (e) Total points awarded for subjective components shall
12be posted before the written examination is administered and
13before the promotion list is compiled.
14    (f) Persons selected to grade candidates for promotion
15during an assessment center process shall be impartial
16professionals who have undergone training to be certified
17assessors. The training and certification requirements shall,
18at a minimum, provide that, to obtain and maintain
19certification, assessors shall complete a course of basic
20training, subscribe to a code of ethical conduct, complete
21continuing education, and satisfy minimum activity levels.
22    (g) The standards for certification shall be established
23by the Police Joint Labor and Management Committee (Committee)
24composed of 6 members: 2 designated by a statewide association
25whose membership is predominantly police chiefs representing
26management interests of the affected departments, one



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1designated by a statewide association whose membership is
2predominantly sheriffs representing management interests of
3the affected departments, and 3 designated by 3 different
4statewide labor organizations representative of sworn or
5commissioned police officers in Illinois having at least 2,000
6members. The statewide labor organizations will nominate
7proposed representatives for the Committee and shall be
8subject to approval by the Illinois Law Enforcement Training
9Standards Board (Board). Members may serve terms of one year
10subject to reappointment.
11    In developing certification standards the Committee may
12seek the advice and counsel of professionals and experts and
13may appoint an advisory committee.
14    The Committee may charge reasonable fees that are related
15to the costs of administering authorized programs and
16conducting classes, including, without limitation, the costs
17of monitoring programs and classes, to the following: (i)
18applicants for certifications or recertifications, (ii)
19recipients of certifications or recertifications, and (iii)
20individuals and entities approved by the Committee to conduct
21programs or classes.
22    The Committee's initial certification standards shall be
23submitted to the Board by January 1, 2024. The Committee may
24provisionally certify persons who have prior experience as
25assessors on promotional examinations in policing. Effective
26January 1, 2024, only those persons who meet the certification



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1standards developed by the Committee and submitted to the
2Board may be selected to grade candidates on a subjective
3component of a promotional examination conducted under the
4authority of this Act; however, the subjective component shall
5be waived for persons employed or appointed by the
6jurisdiction administering the examination.
7    The Committee shall annually:
8        (1) issue public notice offering persons who are
9    interested in qualifying as certified assessors the
10    opportunity to enroll in training; and
11        (2) submit to the Board an amended list of persons who
12    remain certified, are newly certified, or who are no
13    longer certified.
14    (h) The Board shall support the program by adopting
15certification standards based on those submitted by the
16Committee and by establishing a roster of certified assessors
17composed of persons certified by the Committee.
18    If the parties have not agreed to contract with a
19particular testing company to provide certified assessors,
20either party may request the Board to provide the names of
21certified assessors. Within 7 days after receiving a request
22from either party for a list of certified assessors, the Board
23shall select at random from the roster of certified assessors
24a panel numbering not less than 2 times the number of assessors
25required. The parties shall augment the number by a factor of
2650% by designating assessors who may serve as alternates to



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1the primary assessors.
2    The parties shall select assessors from the list or lists
3provided by the Board or from the panel obtained by the testing
4company as provided above. Within 7 days following the receipt
5of the list, the parties shall notify the Board of the
6assessors they have selected. Unless the parties agree on an
7alternate selection procedure, they shall alternatively strike
8names from the list provided by the Board until only the number
9of required assessors remain. A coin toss shall determine
10which party strikes the first name. If the parties fail to
11notify the Board in a timely manner of their selection of
12assessors, the Board shall appoint the assessors required from
13the roster of certified assessors. If an assessor is not able
14to participate in the assessment center process for which he
15was selected, either of the parties involved in the promotion
16process may request that additional names of certified
17assessors be provided by the Board.
18    Section 55. Veterans' preference. A person on a
19preliminary promotion list who is eligible for veteran's
20preference under any law or agreement applicable to an
21affected department may file a written application for that
22preference within 10 days after the initial posting of the
23preliminary promotion list. The veteran's preference shall be
24calculated as provided in the applicable law and added to the
25applicant's total score on the preliminary promotion list. Any



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1person who has received a promotion from a promotion list on
2which his or her position was adjusted for veteran's
3preference, under this Act or any other law, shall not be
4eligible for any subsequent veteran's preference under this
6    Section 60. Right to review. Any affected person or party
7who believes that an error has been made with respect to
8eligibility to take an examination, examination result,
9placement or position on a promotion list, or veteran's
10preference shall be entitled to a review of the matter by the
11appointing authority or as otherwise provided by law.
12    Section 65. Violations.
13    (a) A person who knowingly divulges or receives test
14questions or answers before a written examination, or
15otherwise knowingly violates or subverts any requirement of
16this Act, commits a violation of this Act and may be subject to
17charges for official misconduct.
18    (b) A person who is the knowing recipient of test
19information in advance of the examination shall be
20disqualified from the promotion examination or demoted from
21the rank to which he was promoted, as applicable and otherwise
22subjected to disciplinary actions.
23    Section 85. The Counties Code is amended by changing



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1Sections 3-7010 and 3-8012 as follows:
2    (55 ILCS 5/3-7010)  (from Ch. 34, par. 3-7010)
3    Sec. 3-7010. Rules governing appointments and promotions.
4All appointments and promotions shall be made in accordance
5with the provisions of this Division, the Police Department
6Promotion Act, and the rules and regulations of the Board
7without considering the political affiliation of any
9(Source: P.A. 86-962.)
10    (55 ILCS 5/3-8012)  (from Ch. 34, par. 3-8012)
11    Sec. 3-8012. Rules governing appointments and promotions.
12Political affiliation. All appointments and promotions shall
13be made in accordance with the provisions of this Division,
14the Police Department Promotion Act, and the rules and
15regulations of the Commission, without consideration of the
16political affiliation of any applicant.
17(Source: P.A. 86-962.)
18    Section 90. The Illinois Municipal Code is amended by
19changing Sections 10-1-13 and 10-2.1-15 as follows:
20    (65 ILCS 5/10-1-13)  (from Ch. 24, par. 10-1-13)
21    Sec. 10-1-13. The commission shall, by its rules, provide
22for promotions in such classified service, on the basis of



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1ascertained merit and seniority in service and examination and
2shall provide, in all cases where it is practicable, that
3vacancies shall be filled by promotion. The commission's rules
4governing police department promotions shall be consistent
5with the Police Department Promotion Act, notwithstanding any
6other provision in this Division. All examinations for
7promotion shall be competitive among such members of the next
8lower rank as desire to submit themselves to such examination
9and the results thereof and the promotional eligible registers
10prepared therefrom shall be published by the commission within
1160 days after any examinations are held. If two or more
12applicants achieve the identical final grade average, they
13shall be placed on the promotional eligible register in their
14order of seniority in the position from which they seek
15promotion. The commission shall submit to the appointing power
16the names of not more than 3 applicants for each promotion
17having the highest rating except that a commission in any
18municipality with more than 130,000 but less than 2,000,000
19population may submit the names of not more than 5 applicants
20having the highest rating for each promotion, but in making
21his selection the appointing authority shall not pass over the
22person having the highest rating on the original register more
23than once and shall not pass over the person having the second
24highest rating in the original register more than twice. The
25commission shall strike off all names of applicants from a
26promotional eligible register after they have remained thereon



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1no less than 2 years and no more than 3 years, provided that
2the commission shall notify the appointing power before the
3names are stricken and such appointing power shall fill any
4existing vacancies before all names are stricken from the
5promotional eligible register. The method of examination and
6the rules governing the same, and the method of certifying,
7shall be the same as provided for applicants for original
9    Except for rules governing police department promotions
10governed by the Police Department Promotion Act, the changes
11made by Public Act 77-1388 do This amendatory Act of 1971 does
12not apply to any municipality which is a home rule unit.
13(Source: P.A. 85-462.)
14    (65 ILCS 5/10-2.1-15)  (from Ch. 24, par. 10-2.1-15)
15    Sec. 10-2.1-15. The board, by its rules, shall provide for
16promotion in the fire and police departments on the basis of
17ascertained merit and seniority in service and examination,
18and shall provide in all cases, where it is practicable, that
19vacancies shall be filled by promotion. The board's rules
20governing police department promotions shall be consistent
21with the Police Department Promotion Act, notwithstanding any
22other provision in this Division. All examinations for
23promotion shall be competitive among such members of the next
24lower rank as desire to submit themselves to examination. All
25promotions shall be made from the 3 having the highest rating,



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1and where there are less than 3 names on the promotional
2eligible register, as originally posted, or remaining thereon
3after appointments have been made therefrom, appointments to
4fill existing vacancies shall be made from those names or name
5remaining on the promotional register except that promotions
6made in any municipality with more than 130,000 but less than
72,000,000 population may be made from the 7 members having the
8highest rating. The method of examination and the rules
9governing examinations for promotion shall be the same as
10provided for applicants for original appointment, except that
11original appointments only shall be on probation, as provided
12by the rules. The board shall strike off the names of
13candidates for promotional appointment after they have
14remained thereon for more than 3 years, provided there is no
15vacancy existing which can be filled from the promotional
17(Source: P.A. 83-761.)
18    Section 95. The State Mandates Act is amended by adding
19Section 8.47 as follows:
20    (30 ILCS 805/8.47 new)
21    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
228 of this Act, no reimbursement by the State is required for
23the implementation of any mandate created by this amendatory
24Act of the 103rd General Assembly.



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.