Full Text of HB0401 94th General Assembly
HB0401 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0401
Introduced 1/25/2005, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/10-2.1-6 |
from Ch. 24, par. 10-2.1-6 |
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Amends the Municipal Code. Deletes requirement that an applicant for a municipal fire or police department be under 35 years of age and replaces it with the requirement that the applicant must have the physical capacity to discharge the duties of the position sought.
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A BILL FOR
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HB0401 |
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LRB094 06910 AJO 37022 b |
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| AN ACT concerning municipalities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 10-2.1-6 as follows:
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| (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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| Sec. 10-2.1-6. Examination of applicants; | 8 |
| disqualifications.
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| (a) An applicant
All applicants for a position in either | 10 |
| the fire or police department
of the municipality shall have | 11 |
| the physical capacity to discharge the duties of the position | 12 |
| to which the applicant seeks appointment
be under 35 years of | 13 |
| age , shall be subject to an
examination that shall be public, | 14 |
| competitive, and open to all applicants
(unless the council or | 15 |
| board of trustees by ordinance limit applicants to
electors of | 16 |
| the municipality, county, state or nation) and shall be subject | 17 |
| to
reasonable limitations as to residence, health, habits, and | 18 |
| moral character.
The municipality may not charge or collect any | 19 |
| fee from an applicant who has
met all prequalification | 20 |
| standards established by the municipality for any such
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| position.
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| (b) Residency requirements in effect at the time an | 23 |
| individual enters the
fire or police service of a municipality | 24 |
| (other than a municipality that
has more than 1,000,000 | 25 |
| inhabitants) cannot be made more restrictive for
that | 26 |
| individual during his period of service for that municipality, | 27 |
| or be
made a condition of promotion, except for the rank or | 28 |
| position of Fire or
Police Chief.
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| (c) No person with a record of misdemeanor convictions | 30 |
| except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 31 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | 32 |
| 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, |
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HB0401 |
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LRB094 06910 AJO 37022 b |
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| 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | 2 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but | 3 |
| not
convicted on that cause shall be disqualified from taking | 4 |
| the examination to
qualify for a position in the fire | 5 |
| department on grounds of habits or moral
character.
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| (d) (Blank).
The age limitation in subsection (a) does not | 7 |
| apply (i) to any person
previously employed as a policeman or | 8 |
| fireman in a regularly constituted police
or fire department of | 9 |
| (I) any municipality or (II) a fire protection district
whose | 10 |
| obligations were assumed by a municipality under Section 21 of | 11 |
| the Fire
Protection District Act, (ii) to any person who has | 12 |
| served a municipality as a
regularly enrolled volunteer fireman | 13 |
| for 5 years immediately preceding the time
that municipality | 14 |
| begins to use full time firemen to provide all or part of its
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| fire protection service, or (iii) to any person who has served | 16 |
| as an auxiliary
policeman under Section 3.1-30-20 for at least | 17 |
| 5 years and is under 40 years of
age, or (iv) to any person who | 18 |
| has served as a deputy under Section 3-6008 of
the Counties | 19 |
| Code and otherwise meets necessary training requirements.
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| (e) Applicants who are 20 years of age and who have | 21 |
| successfully completed 2
years of law enforcement studies at an | 22 |
| accredited college or university may be
considered for | 23 |
| appointment to active duty with the police department. An
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| applicant described in this subsection (e) who is appointed to | 25 |
| active duty
shall not have power of arrest, nor shall the | 26 |
| applicant be permitted to carry
firearms, until he or she | 27 |
| reaches 21 years of age.
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| (f) Applicants who are 18 years of age and who have | 29 |
| successfully
completed 2 years of study in fire techniques, | 30 |
| amounting to a total of 4
high school credits, within the cadet | 31 |
| program of a municipality may be
considered for appointment to | 32 |
| active duty with the fire department of any
municipality.
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| (g) The council or board of trustees may by ordinance | 34 |
| provide
that persons residing outside the municipality are | 35 |
| eligible to take the
examination.
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| (h) The examinations shall be practical in character and |
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HB0401 |
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LRB094 06910 AJO 37022 b |
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| relate to
those matters that will fairly test the capacity of | 2 |
| the persons examined
to discharge the duties of the positions | 3 |
| to which they seek appointment. No
person shall be appointed to | 4 |
| the police or fire department if he or she does
not possess a | 5 |
| high school diploma or an equivalent high school education.
A | 6 |
| board of fire and police commissioners may, by its rules, | 7 |
| require police
applicants to have obtained an associate's | 8 |
| degree or a bachelor's degree as a
prerequisite for employment. | 9 |
| The
examinations shall include tests of physical | 10 |
| qualifications and health. No
person shall be appointed to the | 11 |
| police or fire department if he or she has
suffered the | 12 |
| amputation of any limb unless the applicant's duties will be | 13 |
| only
clerical or as a radio operator. No applicant shall be | 14 |
| examined concerning his
or her political or religious opinions | 15 |
| or affiliations. The examinations shall
be conducted by the | 16 |
| board of fire and police commissioners of the municipality
as | 17 |
| provided in this Division 2.1.
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| (i) No person who is classified by his local selective | 19 |
| service draft board
as a conscientious objector, or who has | 20 |
| ever been so classified, may be
appointed to the police | 21 |
| department.
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| (j) No person shall be appointed to the police or fire | 23 |
| department unless he
or she is a person of good character and | 24 |
| not an habitual drunkard, gambler, or
a person who has been | 25 |
| convicted of a felony or a crime involving moral
turpitude. No | 26 |
| person, however, shall be disqualified from appointment to the
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| fire department because of his or her record of misdemeanor | 28 |
| convictions except
those under Sections 11-6, 11-7, 11-9, | 29 |
| 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, | 30 |
| 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | 31 |
| 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | 32 |
| of Section
24-1 of the Criminal Code of 1961 or arrest for any | 33 |
| cause without conviction on
that cause. Any such person who is | 34 |
| in the department may be removed on charges
brought and after a | 35 |
| trial as provided in this Division 2.1.
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| (Source: P.A. 92-533, eff. 3-14-02.)
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