Full Text of HB4601 100th General Assembly
HB4601 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4601 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/10-1-14 | from Ch. 24, par. 10-1-14 |
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Amends the Civil Service in Cities Division of the Illinois Municipal Code. In provisions concerning appointments, defines "firefighter" to include a paramedic, an EMT, an emergency medical technician-intermediate (EMT-I), or an advanced emergency medical technician (A-EMT). Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 10-1-14 as follows:
| 6 | | (65 ILCS 5/10-1-14) (from Ch. 24, par. 10-1-14)
| 7 | | Sec. 10-1-14. The head of the department or office in which | 8 | | a
position classified under this Division 1 is to be filled | 9 | | shall notify
the commission of that fact, and the commission | 10 | | shall certify to the
appointing officer the name and address of | 11 | | the candidate standing
highest upon the register for the class | 12 | | or grade to which the position
belongs. However, in cases of | 13 | | laborers where a choice by competition is
impracticable, the | 14 | | commission may provide by its rules that the
selections shall | 15 | | be made by lot from among those candidates proved fit
by | 16 | | examination, but laborers who have previously been in the | 17 | | service and
were removed because their services were no longer | 18 | | required, shall be
preferred, and be reinstated before other | 19 | | laborers are given positions,
preference being given to those | 20 | | who have had the longest term of
service, and laborers in the | 21 | | employ of the municipality on July 1, 1949,
who, as of such | 22 | | date, have been employed under temporary authority for 3
years | 23 | | or more or during parts of 3 or more calendar years, shall be
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| 1 | | preferred also, and shall be placed upon the register for such | 2 | | positions
without examination and shall be certified before | 3 | | other laborers are
given positions, preference being given to | 4 | | those laborers under
temporary authority who have had the | 5 | | longest term of service in such
positions. In making such | 6 | | certification, sex shall be disregarded.
The appointing | 7 | | officer shall notify the commission
of each position to be | 8 | | filled, separately, and shall fill such place by
the | 9 | | appointment of the person certified to him or her by the | 10 | | commission
therefor. Original appointment shall be on | 11 | | probation for a period not to
exceed 6 months to be fixed by | 12 | | the rules but all time spent in attending
training schools and | 13 | | seminars, except on-the-job training
conducted by local Fire | 14 | | Department personnel, shall
be excluded in calculating the | 15 | | probation period; provided that in
municipalities with a | 16 | | population of more than 500,000 inhabitants,
original | 17 | | appointment to the police department shall be on probation for
| 18 | | a period not to exceed 9 months to be fixed by the rules of the
| 19 | | department. The commission may strike off names of candidates | 20 | | from the
register after they have remained thereon more than 2 | 21 | | years. At or
before the expiration of the period of probation, | 22 | | the head of the
department or office in which a candidate is | 23 | | employed may, by and with
the consent of the commission, | 24 | | discharge him or her upon assigning in writing
his or her | 25 | | reason therefor to the commission. If he or she is
not then | 26 | | discharged, his or her
appointment shall be deemed complete. To |
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| 1 | | prevent the stoppage of public
business, or to meet | 2 | | extraordinary exigencies, the head of any
department or office | 3 | | may, with the approval of the commission, make
temporary | 4 | | appointment to remain in force not exceeding 120 days, and
only | 5 | | until regular appointments under the provisions of this | 6 | | Division 1
can be made. In any municipal fire department that | 7 | | employs full-time firefighters and is subject to a collective | 8 | | bargaining agreement, a person who has not qualified for | 9 | | regular appointment under the provisions of this Division 1 | 10 | | shall not be used as a temporary or permanent substitute for | 11 | | classified members of a municipality's fire department or for | 12 | | regular appointment as a classified member of a municipality's | 13 | | fire department unless mutually agreed to by the employee's | 14 | | certified bargaining agent. Such agreement shall be considered | 15 | | a permissive subject of bargaining. As used in this Section, | 16 | | "firefighter" includes, but is not limited to, a paramedic, an | 17 | | EMT, an emergency medical technician-intermediate (EMT-I), or | 18 | | an advanced emergency medical technician (A-EMT). Municipal | 19 | | fire departments covered by the changes made by this amendatory | 20 | | Act of the 95th General Assembly that are using | 21 | | non-certificated employees as substitutes immediately prior to | 22 | | the effective date of this amendatory Act of the 95th General | 23 | | Assembly may, by mutual agreement with the certified bargaining | 24 | | agent, continue the existing practice or a modified practice | 25 | | and that agreement shall be considered a permissive subject of | 26 | | bargaining. A home rule unit may not regulate the hiring of |
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| 1 | | temporary or substitute members of the municipality's fire | 2 | | department in a manner that is inconsistent with this Section. | 3 | | This Section is a limitation under subsection (i) of Section 6 | 4 | | of Article VII of the Illinois Constitution on the concurrent | 5 | | exercise by home rule units of powers and functions exercised | 6 | | by the State.
| 7 | | (Source: P.A. 95-490, eff. 6-1-08 .)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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