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Rep. Dave Winters
Filed: 3/20/2007
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09500HB2920ham001 |
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LRB095 06288 HLH 33818 a |
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| AMENDMENT TO HOUSE BILL 2920
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| AMENDMENT NO. ______. Amend House Bill 2920 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| changing Section 10-2.1-6 as follows:
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| (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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| Sec. 10-2.1-6. Examination of applicants; |
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| disqualifications.
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| (a) All applicants for a position in either the fire or |
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| police department
of the municipality shall be under 35 years |
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| of age, shall be subject to an
examination that shall be |
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| public, competitive, and open to all applicants
(unless the |
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| council or board of trustees by ordinance limit applicants to
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| electors of the municipality, county, state or nation) and |
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| shall be subject to
reasonable limitations as to residence, |
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| health, habits, and moral character.
The municipality may not |
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09500HB2920ham001 |
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LRB095 06288 HLH 33818 a |
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| charge or collect any fee from an applicant who has
met all |
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| prequalification standards established by the municipality for |
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| any such
position.
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| (b) Residency requirements in effect at the time an |
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| individual enters the
fire or police service of a municipality |
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| (other than a municipality that
has more than 1,000,000 |
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| inhabitants) cannot be made more restrictive for
that |
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| individual during his period of service for that municipality, |
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| or be
made a condition of promotion, except for the rank or |
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| position of Fire or
Police Chief.
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| (c) No person with a record of misdemeanor convictions |
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| except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, |
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| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, |
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| 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, |
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| 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section |
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| 24-1 of the Criminal Code of 1961 or arrested for any cause but |
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| not
convicted on that cause shall be disqualified from taking |
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| the examination to
qualify for a position in the fire |
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| department on grounds of habits or moral
character.
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| (d) The age limitation in subsection (a) does not apply (i) |
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| to any person
previously employed as a policeman or fireman in |
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| a regularly constituted police
or fire department of (I) any |
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| municipality , regardless of whether the municipality is |
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| located in Illinois or in another state, or (II) a fire |
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| protection district
whose obligations were assumed by a |
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| municipality under Section 21 of the Fire
Protection District |
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09500HB2920ham001 |
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LRB095 06288 HLH 33818 a |
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| Act, (ii) to any person who has served a municipality as a
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| regularly enrolled volunteer fireman for 5 years immediately |
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| preceding the time
that municipality begins to use full time |
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| firemen to provide all or part of its
fire protection service, |
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| or (iii) to any person who has served as an auxiliary police |
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| officer under Section 3.1-30-20 for at least 5 years and is |
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| under 40 years of
age, (iv) to any person who has served as a |
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| deputy under Section 3-6008 of
the Counties Code and otherwise |
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| meets necessary training requirements, or (v) to any person who |
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| has served as a sworn officer as a member of the Illinois |
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| Department of State Police.
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| (e) Applicants who are 20 years of age and who have |
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| successfully completed 2
years of law enforcement studies at an |
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| accredited college or university may be
considered for |
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| appointment to active duty with the police department. An
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| applicant described in this subsection (e) who is appointed to |
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| active duty
shall not have power of arrest, nor shall the |
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| applicant be permitted to carry
firearms, until he or she |
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| reaches 21 years of age.
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| (f) Applicants who are 18 years of age and who have |
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| successfully
completed 2 years of study in fire techniques, |
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| amounting to a total of 4
high school credits, within the cadet |
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| program of a municipality may be
considered for appointment to |
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| active duty with the fire department of any
municipality.
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| (g) The council or board of trustees may by ordinance |
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| provide
that persons residing outside the municipality are |
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LRB095 06288 HLH 33818 a |
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| eligible to take the
examination.
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| (h) The examinations shall be practical in character and |
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| relate to
those matters that will fairly test the capacity of |
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| the persons examined
to discharge the duties of the positions |
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| to which they seek appointment. No
person shall be appointed to |
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| the police or fire department if he or she does
not possess a |
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| high school diploma or an equivalent high school education.
A |
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| board of fire and police commissioners may, by its rules, |
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| require police
applicants to have obtained an associate's |
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| degree or a bachelor's degree as a
prerequisite for employment. |
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| The
examinations shall include tests of physical |
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| qualifications and health. No
person shall be appointed to the |
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| police or fire department if he or she has
suffered the |
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| amputation of any limb unless the applicant's duties will be |
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| only
clerical or as a radio operator. No applicant shall be |
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| examined concerning his
or her political or religious opinions |
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| or affiliations. The examinations shall
be conducted by the |
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| board of fire and police commissioners of the municipality
as |
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| provided in this Division 2.1.
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| (i) No person who is classified by his local selective |
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| service draft board
as a conscientious objector, or who has |
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| ever been so classified, may be
appointed to the police |
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| department.
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| (j) No person shall be appointed to the police or fire |
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| department unless he
or she is a person of good character and |
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| not an habitual drunkard, gambler, or
a person who has been |
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LRB095 06288 HLH 33818 a |
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| convicted of a felony or a crime involving moral
turpitude. No |
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| person, however, shall be disqualified from appointment to the
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| fire department because of his or her record of misdemeanor |
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| convictions except
those under Sections 11-6, 11-7, 11-9, |
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| 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, |
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| 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, |
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| 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) |
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| of Section
24-1 of the Criminal Code of 1961 or arrest for any |
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| cause without conviction on
that cause. Any such person who is |
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| in the department may be removed on charges
brought and after a |
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| trial as provided in this Division 2.1.
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| (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06.)".
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