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Sen. Terry Link
Filed: 2/28/2006
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LRB094 04446 HLH 56747 a |
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| AMENDMENT TO SENATE BILL 827
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| AMENDMENT NO. ______. Amend Senate Bill 827 by replacing |
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| everything after the enacting clause with the following:
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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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09400SB0827sam001 |
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LRB094 04446 HLH 56747 a |
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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 |
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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.".
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