SB0827 Enrolled

LRB094 04446 MKM 34475 b






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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5. The Fire Department Promotion Act is amended  by 
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changing Section 10 as follows:
 



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    (50 ILCS 742/10)



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    Sec. 10. Applicability. 

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    (a) This Act shall apply to all positions in an affected 
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department, except
those specifically excluded in  items (i), 
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(ii), (iii), (iv), and (v) of the
definition of "promotion" in 
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Section 5 unless such positions are covered by a
collective 
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bargaining agreement in force on the effective date of this 
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Act.
Existing promotion lists shall continue to be valid until 
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their expiration
dates, or up to a maximum of 3 years after the 
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effective date of this Act.

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    (b) Notwithstanding any statute, ordinance, rule, or other 
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laws to the
contrary, all promotions in an affected department 
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to which this Act applies
shall be administered in the manner 
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provided for in this Act. Provisions of the
Illinois Municipal 
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Code, the Fire Protection District Act, municipal
ordinances, 
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or rules adopted pursuant to such authority and other laws

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relating to promotions in affected departments shall continue 
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to apply to the
extent they are compatible with this Act, but 
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in the event of conflict between
this Act and any other law, 
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this Act shall control.

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    (c) A home rule or non-home rule municipality may not 
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administer its fire
department promotion process in a manner 
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that is inconsistent with this Act.
This Section is a 
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limitation under subsection (i) of Section 6 of Article VII
of 
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the Illinois Constitution on the concurrent exercise by home 
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rule units of
the powers and functions exercised by the State.

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    (d) This Act is intended to serve as a minimum standard and 
 


 






SB0827 Enrolled
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LRB094 04446 MKM 34475 b




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shall be
construed to authorize and not to limit:


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        (1) An appointing authority from establishing 
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    different or supplemental
promotional criteria or 
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    components, provided that the criteria are
job-related and 
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    applied uniformly.


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        (2) The right of
negotiation by an employer and an 
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    exclusive bargaining
representative to require an employer 
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    to negotiate
of clauses within a collective bargaining 
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    agreement relating to
conditions, criteria, or procedures 
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    for the promotion of employees to ranks, as defined in 
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    Section 5, covered by this Act
who are
members of 
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    bargaining units.


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        (3) The negotiation by an employer and an exclusive 
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    bargaining
representative of provisions within a 
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    collective bargaining agreement to
achieve affirmative 
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    action objectives, provided that such clauses are

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    consistent
with applicable law.

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    (e) Local authorities and exclusive bargaining agents 
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affected by this
Act may agree to waive one or more of its 
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provisions and bargain on the
contents of those provisions, 
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provided that any such waivers shall be
considered
permissive 
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subjects of bargaining.

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(Source: P.A. 93-411, eff. 8-4-03.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.