Illinois General Assembly - Full Text of Public Act 097-0352
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Public Act 097-0352





Public Act 097-0352
HB3550 EnrolledLRB097 10822 KMW 51292 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 35 as follows:
    (50 ILCS 742/35)
    Sec. 35. Written examinations.
    (a) The appointing authority may not condition eligibility
to take the written examination on the candidate's score on any
of the previous components of the examination. The written
examination for a particular rank shall consist of matters
relating to the duties regularly performed by persons holding
that rank within the department. The examination shall be based
only on the contents of written materials that the appointing
authority has identified and made readily available to
potential examinees at least 90 days before the examination is
administered. The test questions and material must be pertinent
to the particular rank for which the examination is being
given. The written examination shall be administered after the
determination and posting of the seniority list, ascertained
merit points, and subjective evaluation scores. The written
examination shall be administered, the test materials opened,
and the results scored and tabulated.
    (b) Written examinations shall be graded at the examination
site on the day of the examination immediately upon completion
of the test in front of the observers if such observers are
appointed under Section 25, or if the tests are graded offsite
by a bona fide testing agency, the observers shall witness the
sealing and the shipping of the tests for grading and the
subsequent opening of the scores upon the return from the
testing agency. Every examinee shall have the right (i) to
obtain his or her score on the examination on the day of the
examination or upon the day of its return from the testing
agency (or the appointing authority shall require the testing
agency to mail the individual scores to any address submitted
by the candidates on the day of the examination); and (ii) to
review the answers to the examination that the examiners
consider correct. The appointing authority may hold a review
session after the examination for the purpose of gathering
feedback on the examination from the candidates. The review
sessions shall be at no cost to the candidates.
    (c) Sample written examinations may be examined by the
appointing authority and members of the department, but no
person in the department or the appointing authority (including
the Chief, Civil Service Commissioners, Board of Fire and
Police Commissioners, Board of Fire Commissioners, or Fire
Protection District Board of Trustees and other appointed or
elected officials) may see or examine the specific questions on
the actual written examination before the examination is
administered. If a sample examination is used, actual test
questions shall not be included. It is a violation of this Act
for any member of the department or the appointing authority to
obtain or divulge foreknowledge of the contents of the written
examination before it is administered.
    (d) Each department shall maintain reading and study
materials for its current written examination and the reading
list for the last 2 written examinations or for a period of 5
years, whichever is less, for each rank and shall make these
materials available and accessible at each duty station.
    (e) The provisions of this Section do not apply to the
extent that they are in conflict with provisions otherwise
agreed to in a collective bargaining agreement.
(Source: P.A. 93-411, eff. 8-4-03.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2011