101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2923

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-7  from Ch. 24, par. 10-1-7
65 ILCS 5/10-2.1-6  from Ch. 24, par. 10-2.1-6

    Amends the Illinois Municipal Code. Provides that on or after one year after the effective date of the amendatory Act, no applicant shall be appointed to the police department unless he or she has proof of professional liability insurance coverage. Requires that a police officer maintain continuous coverage throughout the course of employment, including coverage for willful or malicious acts and acts outside the scope of the officer's employment by the municipality. Allows the municipality to reimburse police officers for the base rate of this coverage, but officers are responsible for any additional costs due to personal or claims history. Provides that the municipality may not indemnify police officers against liability in any amount greater than required by State law unless the officer's insurance is exhausted. Limits home rule powers.


LRB101 09683 AWJ 54782 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2923LRB101 09683 AWJ 54782 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 10-1-7 and 10-2.1-6 as follows:
 
6    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
7    Sec. 10-1-7. Examination of applicants; disqualifications.
8    (a) All applicants for offices or places in the classified
9service, except those mentioned in Section 10-1-17, are subject
10to examination. The examination shall be public, competitive,
11and open to all citizens of the United States, with specified
12limitations as to residence, age, health, habits and moral
13character.
14    (b) Residency requirements in effect at the time an
15individual enters the fire or police service of a municipality
16(other than a municipality that has more than 1,000,000
17inhabitants) cannot be made more restrictive for that
18individual during his or her period of service for that
19municipality, or be made a condition of promotion, except for
20the rank or position of Fire or Police Chief.
21    (c) No person with a record of misdemeanor convictions
22except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
2311-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,

 

 

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114-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
231-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
3(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
4of Section 24-1 of the Criminal Code of 1961 or the Criminal
5Code of 2012 or arrested for any cause but not convicted on
6that cause shall be disqualified from taking the examination on
7grounds of habits or moral character, unless the person is
8attempting to qualify for a position on the police department,
9in which case the conviction or arrest may be considered as a
10factor in determining the person's habits or moral character.
11    (d) Persons entitled to military preference under Section
1210-1-16 shall not be subject to limitations specifying age
13unless they are applicants for a position as a fireman or a
14policeman having no previous employment status as a fireman or
15policeman in the regularly constituted fire or police
16department of the municipality, in which case they must not
17have attained their 35th birthday, except any person who has
18served as an auxiliary police officer under Section 3.1-30-20
19for at least 5 years and is under 40 years of age.
20    (e) All employees of a municipality of less than 500,000
21population (except those who would be excluded from the
22classified service as provided in this Division 1) who are
23holding that employment as of the date a municipality adopts
24this Division 1, or as of July 17, 1959, whichever date is the
25later, and who have held that employment for at least 2 years
26immediately before that later date, and all firemen and

 

 

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1policemen regardless of length of service who were either
2appointed to their respective positions by the board of fire
3and police commissioners under the provisions of Division 2 of
4this Article or who are serving in a position (except as a
5temporary employee) in the fire or police department in the
6municipality on the date a municipality adopts this Division 1,
7or as of July 17, 1959, whichever date is the later, shall
8become members of the classified civil service of the
9municipality without examination.
10    (f) The examinations shall be practical in their character,
11and shall relate to those matters that will fairly test the
12relative capacity of the persons examined to discharge the
13duties of the positions to which they seek to be appointed. The
14examinations shall include tests of physical qualifications,
15health, and (when appropriate) manual skill. If an applicant is
16unable to pass the physical examination solely as the result of
17an injury received by the applicant as the result of the
18performance of an act of duty while working as a temporary
19employee in the position for which he or she is being examined,
20however, the physical examination shall be waived and the
21applicant shall be considered to have passed the examination.
22No questions in any examination shall relate to political or
23religious opinions or affiliations. Results of examinations
24and the eligible registers prepared from the results shall be
25published by the commission within 60 days after any
26examinations are held.

 

 

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1    (g) The commission shall control all examinations, and may,
2whenever an examination is to take place, designate a suitable
3number of persons, either in or not in the official service of
4the municipality, to be examiners. The examiners shall conduct
5the examinations as directed by the commission and shall make a
6return or report of the examinations to the commission. If the
7appointed examiners are in the official service of the
8municipality, the examiners shall not receive extra
9compensation for conducting the examinations unless the
10examiners are subject to a collective bargaining agreement with
11the municipality. The commission may at any time substitute any
12other person, whether or not in the service of the
13municipality, in the place of any one selected as an examiner.
14The commission members may themselves at any time act as
15examiners without appointing examiners. The examiners at any
16examination shall not all be members of the same political
17party.
18    (h) In municipalities of 500,000 or more population, no
19person who has attained his or her 35th birthday shall be
20eligible to take an examination for a position as a fireman or
21a policeman unless the person has had previous employment
22status as a policeman or fireman in the regularly constituted
23police or fire department of the municipality, except as
24provided in this Section.
25    (i) In municipalities of more than 5,000 but not more than
26200,000 inhabitants, no person who has attained his or her 35th

 

 

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1birthday shall be eligible to take an examination for a
2position as a fireman or a policeman unless the person has had
3previous employment status as a policeman or fireman in the
4regularly constituted police or fire department of the
5municipality, except as provided in this Section.
6    (j) In all municipalities, applicants who are 20 years of
7age and who have successfully completed 2 years of law
8enforcement studies at an accredited college or university may
9be considered for appointment to active duty with the police
10department. An applicant described in this subsection (j) who
11is appointed to active duty shall not have power of arrest, nor
12shall the applicant be permitted to carry firearms, until he or
13she reaches 21 years of age.
14    (k) In municipalities of more than 500,000 population,
15applications for examination for and appointment to positions
16as firefighters or police shall be made available at various
17branches of the public library of the municipality.
18    (l) No municipality having a population less than 1,000,000
19shall require that any fireman appointed to the lowest rank
20serve a probationary employment period of longer than one year.
21The limitation on periods of probationary employment provided
22in this amendatory Act of 1989 is an exclusive power and
23function of the State. Pursuant to subsection (h) of Section 6
24of Article VII of the Illinois Constitution, a home rule
25municipality having a population less than 1,000,000 must
26comply with this limitation on periods of probationary

 

 

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1employment, which is a denial and limitation of home rule
2powers. Notwithstanding anything to the contrary in this
3Section, the probationary employment period limitation may be
4extended for a firefighter who is required, as a condition of
5employment, to be a licensed paramedic, during which time the
6sole reason that a firefighter may be discharged without a
7hearing is for failing to meet the requirements for paramedic
8licensure.
9    (m) To the extent that this Section or any other Section in
10this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
11Section 10-1-7.1 or 10-1-7.2 shall control.
12    (n) On or after one year after the effective date of this
13amendatory Act of the 101st General Assembly, no applicant
14shall be appointed to the police department unless he or she
15has proof of professional liability insurance coverage. The
16coverage shall be consistent with current limits under State
17law and he or she must maintain continuous coverage throughout
18the course of employment as a police officer. The insurance
19must be the primary insurance for the officer and must include
20coverage for willful or malicious acts and acts outside the
21scope of the officer's employment by the municipality. The
22municipality may reimburse officers for the base rate of this
23coverage, but officers are responsible for any additional costs
24due to personal or claims history. The municipality may not
25indemnify police officers against liability in any amount
26greater than required by State law unless the officer's

 

 

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1insurance is exhausted.
2    A home rule municipality may not regulate the appointment
3of applicants or insurance coverage in a manner inconsistent
4with this subsection. This subsection is a limitation under
5subsection (i) of Section 6 of Article VII of the Illinois
6Constitution on the concurrent exercise by home rule units of
7powers and functions exercised by the State.
8(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-973, eff.
108-15-14.)
 
11    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
12    Sec. 10-2.1-6. Examination of applicants;
13disqualifications.
14    (a) All applicants for a position in either the fire or
15police department of the municipality shall be under 35 years
16of age, shall be subject to an examination that shall be
17public, competitive, and open to all applicants (unless the
18council or board of trustees by ordinance limit applicants to
19electors of the municipality, county, state or nation) and
20shall be subject to reasonable limitations as to residence,
21health, habits, and moral character. The municipality may not
22charge or collect any fee from an applicant who has met all
23prequalification standards established by the municipality for
24any such position. With respect to a police department, a
25veteran shall be allowed to exceed the maximum age provision of

 

 

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1this Section by the number of years served on active military
2duty, but by no more than 10 years of active military duty.
3    (b) Residency requirements in effect at the time an
4individual enters the fire or police service of a municipality
5(other than a municipality that has more than 1,000,000
6inhabitants) cannot be made more restrictive for that
7individual during his period of service for that municipality,
8or be made a condition of promotion, except for the rank or
9position of Fire or Police Chief.
10    (c) No person with a record of misdemeanor convictions
11except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1211-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1314-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
1431-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
15(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
16of Section 24-1 of the Criminal Code of 1961 or the Criminal
17Code of 2012, or arrested for any cause but not convicted on
18that cause shall be disqualified from taking the examination to
19qualify for a position in the fire department on grounds of
20habits or moral character.
21    (d) The age limitation in subsection (a) does not apply (i)
22to any person previously employed as a policeman or fireman in
23a regularly constituted police or fire department of (I) any
24municipality, regardless of whether the municipality is
25located in Illinois or in another state, or (II) a fire
26protection district whose obligations were assumed by a

 

 

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1municipality under Section 21 of the Fire Protection District
2Act, (ii) to any person who has served a municipality as a
3regularly enrolled volunteer fireman for 5 years immediately
4preceding the time that municipality begins to use full time
5firemen to provide all or part of its fire protection service,
6or (iii) to any person who has served as an auxiliary police
7officer under Section 3.1-30-20 for at least 5 years and is
8under 40 years of age, (iv) to any person who has served as a
9deputy under Section 3-6008 of the Counties Code and otherwise
10meets necessary training requirements, or (v) to any person who
11has served as a sworn officer as a member of the Illinois
12Department of State Police.
13    (e) Applicants who are 20 years of age and who have
14successfully completed 2 years of law enforcement studies at an
15accredited college or university may be considered for
16appointment to active duty with the police department. An
17applicant described in this subsection (e) who is appointed to
18active duty shall not have power of arrest, nor shall the
19applicant be permitted to carry firearms, until he or she
20reaches 21 years of age.
21    (f) Applicants who are 18 years of age and who have
22successfully completed 2 years of study in fire techniques,
23amounting to a total of 4 high school credits, within the cadet
24program of a municipality may be considered for appointment to
25active duty with the fire department of any municipality.
26    (g) The council or board of trustees may by ordinance

 

 

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1provide that persons residing outside the municipality are
2eligible to take the examination.
3    (h) The examinations shall be practical in character and
4relate to those matters that will fairly test the capacity of
5the persons examined to discharge the duties of the positions
6to which they seek appointment. No person shall be appointed to
7the police or fire department if he or she does not possess a
8high school diploma or an equivalent high school education. A
9board of fire and police commissioners may, by its rules,
10require police applicants to have obtained an associate's
11degree or a bachelor's degree as a prerequisite for employment.
12The examinations shall include tests of physical
13qualifications and health. A board of fire and police
14commissioners may, by its rules, waive portions of the required
15examination for police applicants who have previously been
16full-time sworn officers of a regular police department in any
17municipal, county, university, or State law enforcement
18agency, provided they are certified by the Illinois Law
19Enforcement Training Standards Board and have been with their
20respective law enforcement agency within the State for at least
212 years. No person shall be appointed to the police or fire
22department if he or she has suffered the amputation of any limb
23unless the applicant's duties will be only clerical or as a
24radio operator. No applicant shall be examined concerning his
25or her political or religious opinions or affiliations. The
26examinations shall be conducted by the board of fire and police

 

 

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1commissioners of the municipality as provided in this Division
22.1.
3    The requirement that a police applicant possess an
4associate's degree under this subsection may be waived if one
5or more of the following applies: (1) the applicant has served
6for 24 months of honorable active duty in the United States
7Armed Forces and has not been discharged dishonorably or under
8circumstances other than honorable; (2) the applicant has
9served for 180 days of active duty in the United States Armed
10Forces in combat duty recognized by the Department of Defense
11and has not been discharged dishonorably or under circumstances
12other than honorable; or (3) the applicant has successfully
13received credit for a minimum of 60 credit hours toward a
14bachelor's degree from an accredited college or university.
15    The requirement that a police applicant possess a
16bachelor's degree under this subsection may be waived if one or
17more of the following applies: (1) the applicant has served for
1836 months of honorable active duty in the United States Armed
19Forces and has not been discharged dishonorably or under
20circumstances other than honorable or (2) the applicant has
21served for 180 days of active duty in the United States Armed
22Forces in combat duty recognized by the Department of Defense
23and has not been discharged dishonorably or under circumstances
24other than honorable.
25    (i) No person who is classified by his local selective
26service draft board as a conscientious objector, or who has

 

 

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1ever been so classified, may be appointed to the police
2department.
3    (j) No person shall be appointed to the police or fire
4department unless he or she is a person of good character and
5not an habitual drunkard, gambler, or a person who has been
6convicted of a felony or a crime involving moral turpitude. No
7person, however, shall be disqualified from appointment to the
8fire department because of his or her record of misdemeanor
9convictions except those under Sections 11-1.50, 11-6, 11-7,
1011-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
1112-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
1231-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
13subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
14subsections (1), (6) and (8) of Section 24-1 of the Criminal
15Code of 1961 or the Criminal Code of 2012, or arrest for any
16cause without conviction on that cause. Any such person who is
17in the department may be removed on charges brought and after a
18trial as provided in this Division 2.1.
19    (k) On or after one year after the effective date of this
20amendatory Act of the 101st General Assembly, no applicant
21shall be appointed to the police department unless he or she
22has proof of professional liability insurance coverage. The
23coverage shall be consistent with current limits under State
24law and he or she must maintain continuous coverage throughout
25the course of employment as a police officer. The insurance
26must be the primary insurance for the officer and must include

 

 

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1coverage for willful or malicious acts and acts outside the
2scope of the officer's employment by the municipality. The
3municipality may reimburse officers for the base rate of this
4coverage, but officers are responsible for any additional costs
5due to personal or claims history. The municipality may not
6indemnify police officers against liability in any amount
7greater than required by State law unless the officer's
8insurance is exhausted.
9    A home rule municipality may not regulate the appointment
10of applicants or insurance coverage in a manner inconsistent
11with this subsection. This subsection is a limitation under
12subsection (i) of Section 6 of Article VII of the Illinois
13Constitution on the concurrent exercise by home rule units of
14powers and functions exercised by the State.
15(Source: P.A. 100-467, eff. 9-8-17.)