Illinois General Assembly - Full Text of Public Act 094-0809
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Public Act 094-0809




Public Act 094-0809
SB0827 Enrolled LRB094 04446 MKM 34475 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Fire Department Promotion Act is amended by
changing Section 10 as follows:
    (50 ILCS 742/10)
    Sec. 10. Applicability.
    (a) This Act shall apply to all positions in an affected
department, except those specifically excluded in items (i),
(ii), (iii), (iv), and (v) of the definition of "promotion" in
Section 5 unless such positions are covered by a collective
bargaining agreement in force on the effective date of this
Act. Existing promotion lists shall continue to be valid until
their expiration dates, or up to a maximum of 3 years after the
effective date of this Act.
    (b) Notwithstanding any statute, ordinance, rule, or other
laws to the contrary, all promotions in an affected department
to which this Act applies shall be administered in the manner
provided for in this Act. Provisions of the Illinois Municipal
Code, the Fire Protection District Act, municipal ordinances,
or rules adopted pursuant to such authority and other laws
relating to promotions in affected departments shall continue
to apply to the extent they are compatible with this Act, but
in the event of conflict between this Act and any other law,
this Act shall control.
    (c) A home rule or non-home rule municipality may not
administer its fire department promotion process in a manner
that is inconsistent with this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of the powers and functions exercised by the State.
    (d) This Act is intended to serve as a minimum standard and
shall be construed to authorize and not to limit:
        (1) An appointing authority from establishing
    different or supplemental promotional criteria or
    components, provided that the criteria are job-related and
    applied uniformly.
        (2) The right of negotiation by an employer and an
    exclusive bargaining representative to require an employer
    to negotiate of clauses within a collective bargaining
    agreement relating to conditions, criteria, or procedures
    for the promotion of employees to ranks, as defined in
    Section 5, covered by this Act who are members of
    bargaining units.
        (3) The negotiation by an employer and an exclusive
    bargaining representative of provisions within a
    collective bargaining agreement to achieve affirmative
    action objectives, provided that such clauses are
    consistent with applicable law.
    (e) Local authorities and exclusive bargaining agents
affected by this Act may agree to waive one or more of its
provisions and bargain on the contents of those provisions,
provided that any such waivers shall be considered permissive
subjects of bargaining.
(Source: P.A. 93-411, eff. 8-4-03.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/26/2006