State of Illinois
92nd General Assembly
Legislation

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92_HB0146

 
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 1        AN ACT  concerning  police  and  fire-fighters,  amending
 2    named Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Illinois Municipal  Code  is  amended  by
 6    changing Sections 10-1-7, 10-1-12, 10-2.1-6, and 10-2.1-14 as
 7    follows:

 8        (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
 9        Sec.       10-1-7.  Examination       of      applicants;
10    disqualifications.
11        (a)  All  applicants  for  offices  or  places   in   the
12    classified   service,   except  those  mentioned  in  Section
13    10-1-17, are subject to examination.  The  examination  shall
14    be  public,  competitive,  and  open  to  all citizens of the
15    United States, with specified limitations  as  to  residence,
16    age, health, habits and moral character.
17        (b)  Residency  requirements  in  effect  at  the time an
18    individual  enters  the  fire  or   police   service   of   a
19    municipality  (other  than  a municipality that has more than
20    1,000,000 inhabitants) cannot be made  more  restrictive  for
21    that  individual during his or her period of service for that
22    municipality, or be made a condition of promotion, except for
23    the rank or position of Fire or Police Chief.
24        (c)  No person with a record of  misdemeanor  convictions
25    except  those  under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
26    11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4,  16-1,  21.1-3,
27    24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
28    32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
29    24-1  of  the Criminal Code of 1961 or arrested for any cause
30    but not convicted on that cause shall  be  disqualified  from
31    taking   the  examination  on  grounds  of  habits  or  moral
 
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 1    character, unless the person is attempting to qualify  for  a
 2    position   on  the  police  department,  in  which  case  the
 3    conviction or  arrest  may  be  considered  as  a  factor  in
 4    determining the person's habits or moral character.
 5        (d)  Persons   entitled   to  military  preference  under
 6    Section  10-1-16  shall  not  be   subject   to   limitations
 7    specifying age unless they are applicants for a position as a
 8    fireman  or  a policeman having no previous employment status
 9    as a fireman or policeman in the regularly  constituted  fire
10    or  police department of the municipality, in which case they
11    must not have attained their 35th birthday, except any person
12    who has  served  as  an  auxiliary  policeman  under  Section
13    3.1-30-20 for at least 5 years and is under 40 years of age.
14        (d-5)  Age  limitations  under  subsection  (d) shall not
15    apply to any person who has served full-time in the  military
16    for at least 10 years and who is 45 years of age or under.
17        (e)  All employees of a municipality of less than 500,000
18    population  (except  those  who  would  be  excluded from the
19    classified service as provided in this Division  1)  who  are
20    holding  that employment as of the date a municipality adopts
21    this Division 1, or as of July 17, 1959,  whichever  date  is
22    the  later,  and who have held that employment for at least 2
23    years immediately before that later date, and all firemen and
24    policemen regardless of length of  service  who  were  either
25    appointed  to their respective positions by the board of fire
26    and police  commissioners under the provisions of Division  2
27    of this Article or who are serving in a position (except as a
28    temporary  employee)  in the fire or police department in the
29    municipality on the date a municipality adopts this  Division
30    1, or as of July 17, 1959, whichever date is the later, shall
31    become  members  of  the  classified  civil  service  of  the
32    municipality without examination.
33        (f)  The   examinations   shall  be  practical  in  their
34    character, and shall relate to those matters that will fairly
 
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 1    test  the  relative  capacity  of  the  persons  examined  to
 2    discharge the duties of the positions to which they  seek  to
 3    be  appointed.   The  examinations  shall  include  tests  of
 4    physical   qualifications,  health,  and  (when  appropriate)
 5    manual skill.  If an applicant is unable to pass the physical
 6    examination solely as the result of an injury received by the
 7    applicant as the result of the performance of an act of  duty
 8    while  working  as  a  temporary employee in the position for
 9    which he or she is  being  examined,  however,  the  physical
10    examination  shall  be  waived  and  the  applicant  shall be
11    considered to have passed the examination.  No  questions  in
12    any  examination  shall  relate  to  political  or  religious
13    opinions  or  affiliations.  Results  of examinations and the
14    eligible  registers  prepared  from  the  results  shall   be
15    published   by  the  commission  within  60  days  after  any
16    examinations are held.
17        (g)  The commission shall control all  examinations,  and
18    may,  whenever  an  examination is to take place, designate a
19    suitable number of persons, either in or not in the  official
20    service  of  the municipality, to be examiners. The examiners
21    shall conduct the examinations as directed by the  commission
22    and  shall make a return or report of the examinations to the
23    commission. If the appointed examiners are  in  the  official
24    service  of the municipality, the examiners shall not receive
25    extra  compensation  for  conducting  the  examinations.  The
26    commission may at  any  time  substitute  any  other  person,
27    whether  or  not  in  the service of the municipality, in the
28    place of any one selected  as  an  examiner.  The  commission
29    members  may  themselves at any time act as examiners without
30    appointing examiners. The examiners at any examination  shall
31    not all be members of the same political party.
32        (h)  In  municipalities of 500,000 or more population, no
33    person who has attained his or her  35th  birthday  shall  be
34    eligible  to  take an examination for a position as a fireman
 
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 1    or a policeman unless the person has had previous  employment
 2    status as a policeman or fireman in the regularly constituted
 3    police  or  fire  department  of  the municipality, except as
 4    provided in this Section.
 5        (i)  In municipalities of more than 5,000  but  not  more
 6    than  200,000  inhabitants, no person who has attained his or
 7    her 35th birthday shall be eligible to  take  an  examination
 8    for  a position as a fireman or a policeman unless the person
 9    has had previous employment status as a policeman or  fireman
10    in the regularly constituted police or fire department of the
11    municipality, except as provided in this Section.
12        (j)  In  all  municipalities, applicants who are 20 years
13    of age and who have successfully completed  2  years  of  law
14    enforcement  studies  at  an accredited college or university
15    may be considered for appointment to  active  duty  with  the
16    police  department. An applicant described in this subsection
17    (j) who is appointed to active duty shall not have  power  of
18    arrest,  nor  shall  the  applicant  be  permitted  to  carry
19    firearms, until he or she reaches 21 years of age.
20        (k)  In  municipalities  of more than 500,000 population,
21    applications for examination for and appointment to positions
22    as firefighters or police shall be made available at  various
23    branches of the public library of the municipality.
24        (l)  No   municipality  having  a  population  less  than
25    1,000,000 shall require that any  fireman  appointed  to  the
26    lowest  rank serve a probationary employment period of longer
27    than one year.  The limitation  on  periods  of  probationary
28    employment  provided  in  this  amendatory  Act of 1989 is an
29    exclusive power  and  function  of  the  State.  Pursuant  to
30    subsection  (h)  of  Section 6 of Article VII of the Illinois
31    Constitution, a home rule municipality  having  a  population
32    less  than  1,000,000  must  comply  with  this limitation on
33    periods of probationary employment, which  is  a  denial  and
34    limitation  of  home rule powers. Notwithstanding anything to
 
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 1    the contrary in this  Section,  the  probationary  employment
 2    period limitation shall not apply to a fireman whose position
 3    also includes paramedic responsibilities.
 4    (Source: P.A. 86-990; 87-1119.)

 5        (65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
 6        Sec.  10-1-12.  Register;  eligibility  list.   From  the
 7    returns or reports of the examiners, or from the examinations
 8    made  by  the  commission,  the  commission  shall  prepare a
 9    register  for  each  grade  or  class  of  positions  in  the
10    classified service of such municipality of the persons  whose
11    general  average  standing upon examination for such grade or
12    class is not less than the minimum fixed by the rules of such
13    commission, and who are  otherwise  eligible.   Such  persons
14    shall  take rank upon the register as candidates in the order
15    of their relative excellence as  determined  by  examination,
16    without reference to priority of time of examination.
17        Within  60  days  after  each examination, an eligibility
18    list shall be posted by the Commission, which shall show  the
19    final  grades of the candidates without reference to priority
20    of time of examination and  subject  to  claim  for  military
21    credit.   Candidates  who  are  eligible  for military credit
22    shall make a claim in writing within 10 days after posting of
23    the eligibility list or such claim shall  be  deemed  waived.
24    Appointment shall be subject to a final physical examination.
25        If  a person is placed on an eligibility list and becomes
26    overage before he or she is appointed to  a  police  or  fire
27    department, the person remains eligible for appointment until
28    the  list  is  abolished  pursuant  to authorized procedures.
29    Otherwise no person who has attained  the  age  of  36  years
30    shall  be  inducted as a member of a police department and no
31    person who has attained the age of 35 years shall be inducted
32    as a member of a fire department, except that  a  person  who
33    has  served  full-time  in the military for at least 10 years
 
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 1    and who is 45 years of age or under  may  be  inducted  as  a
 2    member of a police or fire department and except as otherwise
 3    provided in this Division.
 4    (Source: P.A. 89-52, eff. 6-30-95; 90-481, eff. 8-17-97.)

 5        (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
 6        Sec.     10-2.1-6.     Examination     of     applicants;
 7    disqualifications.
 8        (a)  All  applicants for a position in either the fire or
 9    police department of the municipality shall be under 35 years
10    of age, shall be subject to  an  examination  that  shall  be
11    public,  competitive,  and open to all applicants (unless the
12    council or board of trustees by ordinance limit applicants to
13    electors of the municipality, county, state  or  nation)  and
14    shall  be  subject to reasonable limitations as to residence,
15    health, habits, and moral character.   The  municipality  may
16    not  charge  or collect any fee from an applicant who has met
17    all   prequalification   standards   established    by    the
18    municipality for any such position.
19        (b)  Residency  requirements  in  effect  at  the time an
20    individual  enters  the  fire  or   police   service   of   a
21    municipality  (other  than  a municipality that has more than
22    1,000,000 inhabitants) cannot be made  more  restrictive  for
23    that  individual  during  his  period  of  service  for  that
24    municipality, or be made a condition of promotion, except for
25    the rank or position of Fire or Police Chief.
26        (c)  No  person  with a record of misdemeanor convictions
27    except those under Sections 11-6, 11-7, 11-9,  11-14,  11-15,
28    11-17,  11-18,  11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
29    24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
30    32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
31    24-1 of the Criminal Code of 1961 or arrested for  any  cause
32    but  not  convicted  on that cause shall be disqualified from
33    taking the examination to qualify for a position in the  fire
 
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 1    department on grounds of habits or moral character.
 2        (d)  The  age limitation in subsection (a) does not apply
 3    (i) to any person  previously  employed  as  a  policeman  or
 4    fireman  in a regularly constituted police or fire department
 5    of (I) any municipality or (II) a  fire  protection  district
 6    whose  obligations  were  assumed  by  a  municipality  under
 7    Section  21  of the Fire Protection District Act, (ii) to any
 8    person who has served a municipality as a regularly  enrolled
 9    volunteer  fireman for 5 years immediately preceding the time
10    that municipality begins to use full time firemen to  provide
11    all  or  part of its fire protection service, or (iii) to any
12    person who has served as an auxiliary policeman under Section
13    3.1-30-20 for at least 5 years and is under 40 years of  age,
14    or  (iv)  to  any  person  who  has  served  full-time in the
15    military for at least 10 years and who is 45 years of age  or
16    under.
17        (e)  Applicants  who  are  20  years  of age and who have
18    successfully completed 2 years of law enforcement studies  at
19    an  accredited  college  or  university may be considered for
20    appointment to active duty with the  police  department.   An
21    applicant  described  in this subsection (e) who is appointed
22    to active duty shall not have power of arrest, nor shall  the
23    applicant  be  permitted  to  carry firearms, until he or she
24    reaches 21 years of age.
25        (f)  Applicants who are 18 years  of  age  and  who  have
26    successfully  completed  2 years of study in fire techniques,
27    amounting to a total of 4 high  school  credits,  within  the
28    cadet  program  of  a  municipality  may  be  considered  for
29    appointment  to  active  duty with the fire department of any
30    municipality.
31        (g)  The council or board of trustees  may  by  ordinance
32    provide  that  persons  residing outside the municipality are
33    eligible to take the examination.
34        (h)  The examinations shall be practical in character and
 
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 1    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
 4    to  the  police  or  fire  department  if  he or she does not
 5    possess a high school diploma or an  equivalent  high  school
 6    education.  A  board of fire and police commissioners may, by
 7    its rules, require police  applicants  to  have  obtained  an
 8    associate's  degree  or a bachelor's degree as a prerequisite
 9    for employment.  The  examinations  shall  include  tests  of
10    physical  qualifications  and  health.  No  person  shall  be
11    appointed  to  the police or fire department if he or she has
12    suffered the amputation of any limb  unless  the  applicant's
13    duties  will  be  only  clerical  or as a radio operator.  No
14    applicant shall be examined concerning his or  her  political
15    or  religious  opinions  or  affiliations.   The examinations
16    shall  be  conducted  by  the  board  of  fire   and   police
17    commissioners   of  the  municipality  as  provided  in  this
18    Division 2.1.
19        (i)  No person who is classified by his  local  selective
20    service  draft  board as a conscientious objector, or who has
21    ever been so classified,  may  be  appointed  to  the  police
22    department.
23        (j)  No  person  shall be appointed to the police or fire
24    department unless he or she is a person of good character and
25    not an habitual drunkard, gambler, or a person who  has  been
26    convicted  of  a felony or a crime involving moral turpitude.
27    No person, however, shall be disqualified from appointment to
28    the  fire  department  because  of  his  or  her  record   of
29    misdemeanor  convictions  except  those  under Sections 11-6,
30    11-7, 11-9, 11-14, 11-15, 11-17, 11-18,  11-19,  12-2,  12-6,
31    12-15,  14-4,  16-1,  21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
32    31-4,  31-6,  31-7,  32-1,  32-2,  32-3,  32-4,   32-8,   and
33    subsections  (1), (6) and (8) of Section 24-1 of the Criminal
34    Code of 1961 or arrest for any cause  without  conviction  on
 
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 1    that  cause.  Any such person who is in the department may be
 2    removed on charges brought and after a trial as  provided  in
 3    this Division 2.1.
 4    (Source: P.A.  89-52,  eff.  6-30-95;  90-445,  eff. 8-16-97;
 5    90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)

 6        (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
 7        Sec. 10-2.1-14. Register of eligibles.  The board of fire
 8    and police commissioners shall prepare and keep a register of
 9    persons whose general average standing, upon examination,  is
10    not  less  than  the minimum fixed by the rules of the board,
11    and who are otherwise eligible.   These  persons  shall  take
12    rank  upon  the  register as candidates in the order of their
13    relative excellence as  determined  by  examination,  without
14    reference  to priority of time of examination. Applicants who
15    have been awarded a certificate attesting to their successful
16    completion of the Minimum  Standards  Basic  Law  Enforcement
17    Training  Course, as provided in the Illinois Police Training
18    Act, may be given preference in appointment over noncertified
19    applicants.
20        Within 60 days after  each  examination,  an  eligibility
21    list shall be posted by the board, which shall show the final
22    grades  of  the  candidates  without reference to priority of
23    time of examination and subject to claim for military credit.
24    Candidates who are eligible for military credit shall make  a
25    claim  in  writing  within  10  days after the posting of the
26    eligibility list  or  such  claim  shall  be  deemed  waived.
27    Appointment shall be subject to a final physical examination.
28        If  a person is placed on an eligibility list and becomes
29    overage before he or she is appointed to  a  police  or  fire
30    department, the person remains eligible for appointment until
31    the  list  is  abolished  pursuant  to authorized procedures.
32    Otherwise no person who has attained  the  age  of  36  years
33    shall  be  inducted as a member of a police department and no
 
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 1    person who has attained the age of 35 years shall be inducted
 2    as a member of a fire department, except that  a  person  who
 3    has  served  full-time  in the military for at least 10 years
 4    and who is 45 years of age or under  may  be  inducted  as  a
 5    member of a police or fire department and except as otherwise
 6    provided in this Division.
 7    (Source:  P.A.  89-52,  eff.  6-30-95;  90-455, eff. 8-16-97;
 8    90-481, eff. 8-17-97; 90-655, eff. 7-30-98.)

 9        Section 10. The Fire Protection District Act  is  amended
10    by changing Section 16.06 as follows:

11        (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
12        Sec.  16.06.  All  applicants  for a position in the fire
13    department of the fire protection district shall be under  35
14    years  of  age  and  shall be subjected to examination, which
15    shall be public, competitive, and  free  to  all  applicants,
16    subject  to  reasonable limitations as to health, habits, and
17    moral character; provided that the foregoing  age  limitation
18    shall not apply (i) in the case of any person having previous
19    employment  status  as  a  fireman in a regularly constituted
20    fire department of any fire protection district  or  (ii)  in
21    the  case  of  any  person  who  has  served full-time in the
22    military for at least 10 years and who is 45 years of age  or
23    under,  and further provided that  each fireman or fire chief
24    who is a member in good standing in a  regularly  constituted
25    fire  department  of any municipality which shall be or shall
26    have subsequently been included within the boundaries of  any
27    fire  protection district now or hereafter organized shall be
28    given a preference  for  original  appointment  in  the  same
29    class,  grade  or  employment over all other applicants.  The
30    examinations shall be practical in their character and  shall
31    relate  to  those  matters which will fairly test the persons
32    examined as to  their  relative  capacity  to  discharge  the
 
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 1    duties  of the positions to which they seek appointment.  The
 2    examinations shall include tests of  physical  qualifications
 3    and   health.   No  applicant,  however,  shall  be  examined
 4    concerning   his   political   or   religious   opinions   or
 5    affiliations.  The examinations shall  be  conducted  by  the
 6    board of fire commissioners.
 7    (Source: P.A. 89-52, eff. 6-30-95; 90-481, eff. 8-17-97.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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