Full Text of HB4100 95th General Assembly
HB4100 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4100
Introduced , by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/10-2.1-6 |
from Ch. 24, par. 10-2.1-6 |
65 ILCS 5/10-2.1-14 |
from Ch. 24, par. 10-2.1-14 |
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Amends the Illinois Municipal Code. Provides that a board of fire and police commissioners may waive portions of the required examination for applicants who have previously been full-time sworn officers of a regular fire or police department of any municipality in the State. Provides that a board of fire and police commissioners may prepare and keep a second register of persons who have previously been full-time sworn officers of a regular fire or police department of any municipality in the State. Provides that persons on the second register shall take rank upon the register as candidates in the order of their relative excellence as determined by members of the board of fire and police commissioners.
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A BILL FOR
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HB4100 |
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LRB095 12199 HLH 36473 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 Illinois Municipal Code is amended by | 5 |
| changing Sections 10-2.1-6 and 10-2.1-14 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; | 8 |
| disqualifications.
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| (a) All applicants for a position in either the fire or | 10 |
| police department
of the municipality shall be under 35 years | 11 |
| of age, shall be subject to an
examination that shall be | 12 |
| public, competitive, and open to all applicants
(unless the | 13 |
| council or board of trustees by ordinance limit applicants to
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| electors of the municipality, county, state or nation) and | 15 |
| shall be subject to
reasonable limitations as to residence, | 16 |
| health, habits, and moral character.
The municipality may not | 17 |
| charge or collect any fee from an applicant who has
met all | 18 |
| prequalification standards established by the municipality for | 19 |
| any such
position.
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| (b) Residency requirements in effect at the time an | 21 |
| individual enters the
fire or police service of a municipality | 22 |
| (other than a municipality that
has more than 1,000,000 | 23 |
| inhabitants) cannot be made more restrictive for
that |
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LRB095 12199 HLH 36473 b |
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| individual during his period of service for that municipality, | 2 |
| or be
made a condition of promotion, except for the rank or | 3 |
| position of Fire or
Police Chief.
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| (c) No person with a record of misdemeanor convictions | 5 |
| except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 6 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | 7 |
| 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | 8 |
| 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | 9 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but | 10 |
| not
convicted on that cause shall be disqualified from taking | 11 |
| the examination to
qualify for a position in the fire | 12 |
| department on grounds of habits or moral
character.
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| (d) The age limitation in subsection (a) does not apply (i) | 14 |
| to any person
previously employed as a policeman or fireman in | 15 |
| a regularly constituted police
or fire department of (I) any | 16 |
| municipality or (II) a fire protection district
whose | 17 |
| obligations were assumed by a municipality under Section 21 of | 18 |
| the Fire
Protection District Act, (ii) to any person who has | 19 |
| served a municipality as a
regularly enrolled volunteer fireman | 20 |
| for 5 years immediately preceding the time
that municipality | 21 |
| begins to use full time firemen to provide all or part of its
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| fire protection service, or (iii) to any person who has served | 23 |
| as an auxiliary police officer under Section 3.1-30-20 for at | 24 |
| least 5 years and is under 40 years of
age, (iv) to any person | 25 |
| who has served as a deputy under Section 3-6008 of
the Counties | 26 |
| Code and otherwise meets necessary training requirements, or |
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| (v) to any person who has served as a sworn officer as a member | 2 |
| of the Illinois Department of State Police.
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| (e) Applicants who are 20 years of age and who have | 4 |
| successfully completed 2
years of law enforcement studies at an | 5 |
| accredited college or university may be
considered for | 6 |
| appointment to active duty with the police department. An
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| applicant described in this subsection (e) who is appointed to | 8 |
| active duty
shall not have power of arrest, nor shall the | 9 |
| applicant be permitted to carry
firearms, until he or she | 10 |
| reaches 21 years of age.
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| (f) Applicants who are 18 years of age and who have | 12 |
| successfully
completed 2 years of study in fire techniques, | 13 |
| amounting to a total of 4
high school credits, within the cadet | 14 |
| program of a municipality may be
considered for appointment to | 15 |
| active duty with the fire department of any
municipality.
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| (g) The council or board of trustees may by ordinance | 17 |
| provide
that persons residing outside the municipality are | 18 |
| eligible to take the
examination.
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| (h) The examinations shall be practical in character and | 20 |
| relate to
those matters that will fairly test the capacity of | 21 |
| the persons examined
to discharge the duties of the positions | 22 |
| to which they seek appointment. No
person shall be appointed to | 23 |
| the police or fire department if he or she does
not possess a | 24 |
| high school diploma or an equivalent high school education.
A | 25 |
| board of fire and police commissioners may, by its rules, | 26 |
| require police
applicants to have obtained an associate's |
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| degree or a bachelor's degree as a
prerequisite for employment. | 2 |
| The
examinations shall include tests of physical | 3 |
| qualifications and health. A board of fire and police | 4 |
| commissioners may, by its rules, waive portions of the required | 5 |
| examination for applicants who have previously been full-time | 6 |
| sworn officers of a regular fire or police department of any | 7 |
| municipality in the State. No
person shall be appointed to the | 8 |
| police or fire department if he or she has
suffered the | 9 |
| amputation of any limb unless the applicant's duties will be | 10 |
| only
clerical or as a radio operator. No applicant shall be | 11 |
| examined concerning his
or her political or religious opinions | 12 |
| or affiliations. The examinations shall
be conducted by the | 13 |
| board of fire and police commissioners of the municipality
as | 14 |
| provided in this Division 2.1.
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| (i) No person who is classified by his local selective | 16 |
| service draft board
as a conscientious objector, or who has | 17 |
| ever been so classified, may be
appointed to the police | 18 |
| department.
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| (j) No person shall be appointed to the police or fire | 20 |
| department unless he
or she is a person of good character and | 21 |
| not an habitual drunkard, gambler, or
a person who has been | 22 |
| convicted of a felony or a crime involving moral
turpitude. No | 23 |
| person, however, shall be disqualified from appointment to the
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| fire department because of his or her record of misdemeanor | 25 |
| convictions except
those under Sections 11-6, 11-7, 11-9, | 26 |
| 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, | 2 |
| 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | 3 |
| of Section
24-1 of the Criminal Code of 1961 or arrest for any | 4 |
| cause without conviction on
that cause. Any such person who is | 5 |
| in the department may be removed on charges
brought and after a | 6 |
| 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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| (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
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| Sec. 10-2.1-14. Register of eligibles. The board of fire | 10 |
| and police
commissioners shall prepare and keep a register of | 11 |
| persons whose general
average standing, upon examination, is | 12 |
| not less than the minimum fixed by the
rules of the board, and | 13 |
| who are otherwise eligible. These persons shall take
rank upon | 14 |
| the register as candidates in the order of their relative | 15 |
| excellence
as determined by examination, without reference to | 16 |
| priority of time of
examination.
The board of fire and police | 17 |
| commissioners may prepare and keep a second register of persons | 18 |
| who have previously been full-time sworn officers of a regular | 19 |
| fire or police department of any municipality in the State. The | 20 |
| persons on this list shall take rank upon the register as | 21 |
| candidates in the order of their relative excellence as | 22 |
| determined by members of the board of fire and police | 23 |
| commissioners. Applicants who have been awarded a certificate | 24 |
| attesting to their successful
completion of the Minimum | 25 |
| Standards Basic Law Enforcement Training Course, as
provided in |
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| the Illinois Police Training Act, may be given preference in
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| appointment over noncertified applicants. Applicants for | 3 |
| appointment to fire departments who are licensed as an EMT-B, | 4 |
| EMT-I, or EMT-P under the Emergency Medical Services (EMS) | 5 |
| Systems Act, may be given preference in appointment over | 6 |
| non-licensed applicants.
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| Within 60 days after each examination, an eligibility list
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| shall be posted by the board, which shall show the final grades | 9 |
| of
the candidates without reference to priority of time of | 10 |
| examination
and subject to claim for military credit. | 11 |
| Candidates who are
eligible for military credit shall make a | 12 |
| claim in writing within 10 days after
the posting of the | 13 |
| eligibility list or such claim shall be deemed waived.
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| Appointment shall be subject to a final physical examination.
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| If a person is placed on an eligibility list and becomes | 16 |
| overage before he
or she is appointed to a police or fire | 17 |
| department, the person remains eligible
for appointment until | 18 |
| the list is abolished pursuant to authorized procedures.
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| Otherwise no person who has attained the age of 36 years shall | 20 |
| be inducted as a
member of a police department and no person | 21 |
| who has attained the age of 35
years shall be inducted as a | 22 |
| member of a fire department, except as otherwise
provided in | 23 |
| this division.
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| (Source: P.A. 94-281, eff. 1-1-06.)
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