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92_HB0146 LRB9201399MWpk 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 -2- LRB9201399MWpk 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 -3- LRB9201399MWpk 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 -4- LRB9201399MWpk 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 -5- LRB9201399MWpk 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 -6- LRB9201399MWpk 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 -7- LRB9201399MWpk 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 -8- LRB9201399MWpk 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 -9- LRB9201399MWpk 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 -10- LRB9201399MWpk 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 -11- LRB9201399MWpk 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.