Full Text of SB2677 95th General Assembly
SB2677ham002 95TH GENERAL ASSEMBLY
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Rep. Elizabeth Coulson
Filed: 5/21/2008
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09500SB2677ham002 |
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LRB095 05539 HLH 51270 a |
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| AMENDMENT TO SENATE BILL 2677
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| AMENDMENT NO. ______. Amend Senate Bill 2677 on page 1, | 3 |
| line 5, by replacing "Section 7-1-13" with "Sections 7-1-13, | 4 |
| 10-2.1-6, and 10-2.1-14"; and
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| on page 3, immediately below line 26, by inserting the | 6 |
| following:
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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; | 9 |
| disqualifications.
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| (a) All applicants for a position in either the fire or | 11 |
| police department
of the municipality shall be under 35 years | 12 |
| of age, shall be subject to an
examination that shall be | 13 |
| public, competitive, and open to all applicants
(unless the | 14 |
| council or board of trustees by ordinance limit applicants to
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| electors of the municipality, county, state or nation) and | 16 |
| shall be subject to
reasonable limitations as to residence, |
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| health, habits, and moral character.
The municipality may not | 2 |
| charge or collect any fee from an applicant who has
met all | 3 |
| prequalification standards established by the municipality for | 4 |
| any such
position.
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| (b) Residency requirements in effect at the time an | 6 |
| individual enters the
fire or police service of a municipality | 7 |
| (other than a municipality that
has more than 1,000,000 | 8 |
| inhabitants) cannot be made more restrictive for
that | 9 |
| individual during his period of service for that municipality, | 10 |
| or be
made a condition of promotion, except for the rank or | 11 |
| position of Fire or
Police Chief.
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| (c) No person with a record of misdemeanor convictions | 13 |
| except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 14 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | 15 |
| 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | 16 |
| 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | 17 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but | 18 |
| not
convicted on that cause shall be disqualified from taking | 19 |
| the examination to
qualify for a position in the fire | 20 |
| department on grounds of habits or moral
character.
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| (d) The age limitation in subsection (a) does not apply (i) | 22 |
| to any person
previously employed as a policeman or fireman in | 23 |
| a regularly constituted police
or fire department of (I) any | 24 |
| municipality, regardless of whether the municipality is | 25 |
| located in Illinois or in another state, or (II) a fire | 26 |
| protection district
whose obligations were assumed by a |
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| municipality under Section 21 of the Fire
Protection District | 2 |
| Act, (ii) to any person who has served a municipality as a
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| regularly enrolled volunteer fireman for 5 years immediately | 4 |
| preceding the time
that municipality begins to use full time | 5 |
| firemen to provide all or part of its
fire protection service, | 6 |
| or (iii) to any person who has served as an auxiliary police | 7 |
| officer under Section 3.1-30-20 for at least 5 years and is | 8 |
| under 40 years of
age, (iv) to any person who has served as a | 9 |
| deputy under Section 3-6008 of
the Counties Code and otherwise | 10 |
| meets necessary training requirements, or (v) to any person who | 11 |
| has served as a sworn officer as a member of the Illinois | 12 |
| Department of State Police.
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| (e) Applicants who are 20 years of age and who have | 14 |
| successfully completed 2
years of law enforcement studies at an | 15 |
| accredited college or university may be
considered for | 16 |
| appointment to active duty with the police department. An
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| applicant described in this subsection (e) who is appointed to | 18 |
| active duty
shall not have power of arrest, nor shall the | 19 |
| applicant be permitted to carry
firearms, until he or she | 20 |
| reaches 21 years of age.
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| (f) Applicants who are 18 years of age and who have | 22 |
| successfully
completed 2 years of study in fire techniques, | 23 |
| amounting to a total of 4
high school credits, within the cadet | 24 |
| program of a municipality may be
considered for appointment to | 25 |
| active duty with the fire department of any
municipality.
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| (g) The council or board of trustees may by ordinance |
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| provide
that persons residing outside the municipality are | 2 |
| eligible to take the
examination.
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| (h) The examinations shall be practical in character and | 4 |
| relate to
those matters that will fairly test the capacity of | 5 |
| the persons examined
to discharge the duties of the positions | 6 |
| to which they seek appointment. No
person shall be appointed to | 7 |
| the police or fire department if he or she does
not possess a | 8 |
| high school diploma or an equivalent high school education.
A | 9 |
| board of fire and police commissioners may, by its rules, | 10 |
| require police
applicants to have obtained an associate's | 11 |
| degree or a bachelor's degree as a
prerequisite for employment. | 12 |
| The
examinations shall include tests of physical | 13 |
| qualifications and health. A board of fire and police | 14 |
| commissioners may, by its rules, waive portions of the required | 15 |
| examination for police applicants who have previously been | 16 |
| full-time sworn officers of a regular police department in any | 17 |
| municipal, county, university, or State law enforcement | 18 |
| agency, provided they are certified by the Illinois Law | 19 |
| Enforcement Training Standards Board and have been with their | 20 |
| respective law enforcement agency within the State for at least | 21 |
| 2 years. No
person shall be appointed to the police or fire | 22 |
| department if he or she has
suffered the amputation of any limb | 23 |
| unless the applicant's duties will be only
clerical or as a | 24 |
| radio operator. No applicant shall be examined concerning his
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| or her political or religious opinions or affiliations. The | 26 |
| examinations shall
be conducted by the board of fire and police |
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| commissioners of the municipality
as provided in this Division | 2 |
| 2.1.
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| (i) No person who is classified by his local selective | 4 |
| service draft board
as a conscientious objector, or who has | 5 |
| ever been so classified, may be
appointed to the police | 6 |
| department.
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| (j) No person shall be appointed to the police or fire | 8 |
| department unless he
or she is a person of good character and | 9 |
| not an habitual drunkard, gambler, or
a person who has been | 10 |
| convicted of a felony or a crime involving moral
turpitude. No | 11 |
| person, however, shall be disqualified from appointment to the
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| fire department because of his or her record of misdemeanor | 13 |
| convictions except
those under Sections 11-6, 11-7, 11-9, | 14 |
| 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, | 15 |
| 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | 16 |
| 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | 17 |
| of Section
24-1 of the Criminal Code of 1961 or arrest for any | 18 |
| cause without conviction on
that cause. Any such person who is | 19 |
| in the department may be removed on charges
brought and after a | 20 |
| trial as provided in this Division 2.1.
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| (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06; | 22 |
| 95-165, eff. 1-1-08.)
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| (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
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| Sec. 10-2.1-14. Register of eligibles. The board of fire | 25 |
| and police
commissioners shall prepare and keep a register of |
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| persons whose general
average standing, upon examination, is | 2 |
| not less than the minimum fixed by the
rules of the board, and | 3 |
| who are otherwise eligible. These persons shall take
rank upon | 4 |
| the register as candidates in the order of their relative | 5 |
| excellence
as determined by examination, without reference to | 6 |
| priority of time of
examination.
The board of fire and police | 7 |
| commissioners may prepare and keep a second register of persons | 8 |
| who have previously been full-time sworn officers of a regular | 9 |
| police department in any municipal, county, university, or | 10 |
| State law enforcement agency, provided they are certified by | 11 |
| the Illinois Law Enforcement Training Standards Board and have | 12 |
| been with their respective law enforcement agency within the | 13 |
| State for at least 2 years. The persons on this list shall take | 14 |
| rank upon the register as candidates in the order of their | 15 |
| relative excellence as determined by members of the board of | 16 |
| fire and police commissioners. Applicants who have been awarded | 17 |
| a certificate attesting to their successful
completion of the | 18 |
| Minimum Standards Basic Law Enforcement Training Course, as
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| provided in the Illinois Police Training Act, may be given | 20 |
| preference in
appointment over noncertified applicants. | 21 |
| Applicants for appointment to fire departments who are licensed | 22 |
| as an EMT-B, EMT-I, or EMT-P under the Emergency Medical | 23 |
| Services (EMS) Systems Act, may be given preference in | 24 |
| appointment over non-licensed applicants.
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| Within 60 days after each examination, an eligibility list
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| shall be posted by the board, which shall show the final grades |
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| of
the candidates without reference to priority of time of | 2 |
| examination
and subject to claim for military credit. | 3 |
| Candidates who are
eligible for military credit shall make a | 4 |
| claim in writing within 10 days after
the posting of the | 5 |
| eligibility list or such claim shall be deemed waived.
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| Appointment shall be subject to a final physical examination.
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| If a person is placed on an eligibility list and becomes | 8 |
| overage before he
or she is appointed to a police or fire | 9 |
| department, the person remains eligible
for appointment until | 10 |
| the list is abolished pursuant to authorized procedures.
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| Otherwise no person who has attained the age of 36 years shall | 12 |
| be inducted as a
member of a police department and no person | 13 |
| who has attained the age of 35
years shall be inducted as a | 14 |
| member of a fire department, except as otherwise
provided in | 15 |
| this division.
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| (Source: P.A. 94-281, eff. 1-1-06.)".
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