Full Text of HB4741 98th General Assembly
HB4741enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Protection District Act is amended by | 5 | | changing Section 16.06b as follows: | 6 | | (70 ILCS 705/16.06b) | 7 | | Sec. 16.06b. Original appointments; full-time fire | 8 | | department. | 9 | | (a) Applicability. Unless a commission elects to follow the | 10 | | provisions of Section 16.06c, this Section shall apply to all | 11 | | original appointments to an affected full-time fire | 12 | | department. Existing registers of eligibles shall continue to | 13 | | be valid until their expiration dates, or up to a maximum of 2 | 14 | | years after the effective date of this amendatory Act of the | 15 | | 97th General Assembly. | 16 | | Notwithstanding any statute, ordinance, rule, or other law | 17 | | to the contrary, all original appointments to an affected | 18 | | department to which this Section applies shall be administered | 19 | | in a no less stringent manner than the manner provided for in | 20 | | this Section. Provisions of the Illinois Municipal Code, Fire | 21 | | Protection District Act, fire district ordinances, and rules | 22 | | adopted pursuant to such authority and other laws relating to | 23 | | initial hiring of firefighters in affected departments shall |
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| 1 | | continue to apply to the extent they are compatible with this | 2 | | Section, but in the event of a conflict between this Section | 3 | | and any other law, this Section shall control. | 4 | | A fire protection district that is operating under a court | 5 | | order or consent decree regarding original appointments to a | 6 | | full-time fire department before the effective date of this | 7 | | amendatory Act of the 97th General Assembly is exempt from the | 8 | | requirements of this Section for the duration of the court | 9 | | order or consent decree. | 10 | | (b) Original appointments. All original appointments made | 11 | | to an affected fire department shall be made from a register of | 12 | | eligibles established in accordance with the processes | 13 | | required by this Section. Only persons who meet or exceed the | 14 | | performance standards required by the Section shall be placed | 15 | | on a register of eligibles for original appointment to an | 16 | | affected fire department. | 17 | | Whenever an appointing authority authorizes action to hire | 18 | | a person to perform the duties of a firefighter or to hire a | 19 | | firefighter-paramedic to fill a position that is a new position | 20 | | or vacancy due to resignation, discharge, promotion, death, the | 21 | | granting of a disability or retirement pension, or any other | 22 | | cause, the appointing authority shall appoint to that position | 23 | | the person with the highest ranking on the final eligibility | 24 | | list. If the appointing authority has reason to conclude that | 25 | | the highest ranked person fails to meet the minimum standards | 26 | | for the position or if the appointing authority believes an |
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| 1 | | alternate candidate would better serve the needs of the | 2 | | department, then the appointing authority has the right to pass | 3 | | over the highest ranked person and appoint either: (i) any | 4 | | person who has a ranking in the top 5% of the register of | 5 | | eligibles or (ii) any person who is among the top 5 highest | 6 | | ranked persons on the list of eligibles if the number of people | 7 | | who have a ranking in the top 5% of the register of eligibles | 8 | | is less than 5 people. | 9 | | Any candidate may pass on an appointment once without | 10 | | losing his or her position on the register of eligibles. Any | 11 | | candidate who passes a second time may be removed from the list | 12 | | by the appointing authority provided that such action shall not | 13 | | prejudice a person's opportunities to participate in future | 14 | | examinations, including an examination held during the time a | 15 | | candidate is already on the fire district's register of | 16 | | eligibles. | 17 | | The sole authority to issue certificates of appointment | 18 | | shall be vested in the board of fire commissioners, or board of | 19 | | trustees serving in the capacity of a board of fire | 20 | | commissioners. All certificates of appointment issued to any | 21 | | officer or member of an affected department shall be signed by | 22 | | the chairperson and secretary, respectively, of the commission | 23 | | upon appointment of such officer or member to the affected | 24 | | department by action of the commission. Each person who accepts | 25 | | a certificate of appointment and successfully completes his or | 26 | | her probationary period shall be enrolled as a firefighter and |
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| 1 | | as a regular member of the fire department. | 2 | | For the purposes of this Section, "firefighter" means any | 3 | | person who has been prior to, on, or after the effective date | 4 | | of this amendatory Act of the 97th General Assembly appointed | 5 | | to a fire department or fire protection district or employed by | 6 | | a State university and sworn or commissioned to perform | 7 | | firefighter duties or paramedic duties, or both, except that | 8 | | the following persons are not included: part-time | 9 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 10 | | including paid-on-call firefighters; clerks and dispatchers or | 11 | | other civilian employees of a fire department or fire | 12 | | protection district who are not routinely expected to perform | 13 | | firefighter duties; and elected officials. | 14 | | (c) Qualification for placement on register of eligibles. | 15 | | The purpose of establishing a register of eligibles is to | 16 | | identify applicants who possess and demonstrate the mental | 17 | | aptitude and physical ability to perform the duties required of | 18 | | members of the fire department in order to provide the highest | 19 | | quality of service to the public. To this end, all applicants | 20 | | for original appointment to an affected fire department shall | 21 | | be subject to examination and testing which shall be public, | 22 | | competitive, and open to all applicants unless the district | 23 | | shall by ordinance limit applicants to residents of the | 24 | | district, county or counties in which the district is located, | 25 | | State, or nation. Districts may establish educational, | 26 | | emergency medical service licensure, and other pre-requisites |
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| 1 | | for participation in an examination or for hire as a | 2 | | firefighter. Any fire protection district may charge a fee to | 3 | | cover the costs of the application process. | 4 | | Residency requirements in effect at the time an individual | 5 | | enters the fire service of a district cannot be made more | 6 | | restrictive for that individual during his or her period of | 7 | | service for that district, or be made a condition of promotion, | 8 | | except for the rank or position of fire chief and for no more | 9 | | than 2 positions that rank immediately below that of the chief | 10 | | rank which are appointed positions pursuant to the Fire | 11 | | Department Promotion Act. | 12 | | No person who is 35 years of age or older shall be eligible | 13 | | to take an examination for a position as a firefighter unless | 14 | | the person has had previous employment status as a firefighter | 15 | | in the regularly constituted fire department of the district, | 16 | | except as provided in this Section. The age limitation does not | 17 | | apply to: | 18 | | (1) any person previously employed as a full-time | 19 | | firefighter in a regularly constituted fire department of | 20 | | (i) any municipality or fire protection district located in | 21 | | Illinois, (ii) a fire protection district whose | 22 | | obligations were assumed by a municipality under Section 21 | 23 | | of the Fire Protection District Act, or (iii) a | 24 | | municipality whose obligations were taken over by a fire | 25 | | protection district, or | 26 | | (2) any person who has served a fire district as a |
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| 1 | | regularly enrolled volunteer, paid-on-call, or part-time | 2 | | firefighter for the 5 years immediately preceding the time | 3 | | that the district begins to use full-time firefighters to | 4 | | provide all or part of its fire protection service ; or . | 5 | | (3) any person who turned 35 while serving as a member | 6 | | of the active or reserve components of any of the branches | 7 | | of the Armed Forces of the United States or the National | 8 | | Guard of any state, whose service was characterized as | 9 | | honorable or under honorable, if separated from the | 10 | | military, and is currently under the age of 40. | 11 | | No person who is under 21 years of age shall be eligible | 12 | | for employment as a firefighter. | 13 | | No applicant shall be examined concerning his or her | 14 | | political or religious opinions or affiliations. The | 15 | | examinations shall be conducted by the commissioners of the | 16 | | district or their designees and agents. | 17 | | No district shall require that any firefighter appointed to | 18 | | the lowest rank serve a probationary employment period of | 19 | | longer than one year of actual active employment, which may | 20 | | exclude periods of training, or injury or illness leaves, | 21 | | including duty related leave, in excess of 30 calendar days. | 22 | | Notwithstanding anything to the contrary in this Section, the | 23 | | probationary employment period limitation may be extended for a | 24 | | firefighter who is required, as a condition of employment, to | 25 | | be a certified paramedic, during which time the sole reason | 26 | | that a firefighter may be discharged without a hearing is for |
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| 1 | | failing to meet the requirements for paramedic certification. | 2 | | In the event that any applicant who has been found eligible | 3 | | for appointment and whose name has been placed upon the final | 4 | | eligibility register provided for in this Section has not been | 5 | | appointed to a firefighter position within one year after the | 6 | | date of his or her physical ability examination, the commission | 7 | | may cause a second examination to be made of that applicant's | 8 | | physical ability prior to his or her appointment. If, after the | 9 | | second examination, the physical ability of the applicant shall | 10 | | be found to be less than the minimum standard fixed by the | 11 | | rules of the commission, the applicant shall not be appointed. | 12 | | The applicant's name may be retained upon the register of | 13 | | candidates eligible for appointment and when next reached for | 14 | | certification and appointment that applicant may be again | 15 | | examined as provided in this Section, and if the physical | 16 | | ability of that applicant is found to be less than the minimum | 17 | | standard fixed by the rules of the commission, the applicant | 18 | | shall not be appointed, and the name of the applicant shall be | 19 | | removed from the register. | 20 | | (d) Notice, examination, and testing components. Notice of | 21 | | the time, place, general scope, merit criteria for any | 22 | | subjective component, and fee of every examination shall be | 23 | | given by the commission, by a publication at least 2 weeks | 24 | | preceding the examination: (i) in one or more newspapers | 25 | | published in the district, or if no newspaper is published | 26 | | therein, then in one or more newspapers with a general |
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| 1 | | circulation within the district, or (ii) on the fire protection | 2 | | district's Internet website. Additional notice of the | 3 | | examination may be given as the commission shall prescribe. | 4 | | The examination and qualifying standards for employment of | 5 | | firefighters shall be based on: mental aptitude, physical | 6 | | ability, preferences, moral character, and health. The mental | 7 | | aptitude, physical ability, and preference components shall | 8 | | determine an applicant's qualification for and placement on the | 9 | | final register of eligibles. The examination may also include a | 10 | | subjective component based on merit criteria as determined by | 11 | | the commission. Scores from the examination must be made | 12 | | available to the public. | 13 | | (e) Mental aptitude. No person who does not possess at | 14 | | least a high school diploma or an equivalent high school | 15 | | education shall be placed on a register of eligibles. | 16 | | Examination of an applicant's mental aptitude shall be based | 17 | | upon a written examination. The examination shall be practical | 18 | | in character and relate to those matters that fairly test the | 19 | | capacity of the persons examined to discharge the duties | 20 | | performed by members of a fire department. Written examinations | 21 | | shall be administered in a manner that ensures the security and | 22 | | accuracy of the scores achieved. | 23 | | (f) Physical ability. All candidates shall be required to | 24 | | undergo an examination of their physical ability to perform the | 25 | | essential functions included in the duties they may be called | 26 | | upon to perform as a member of a fire department. For the |
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| 1 | | purposes of this Section, essential functions of the job are | 2 | | functions associated with duties that a firefighter may be | 3 | | called upon to perform in response to emergency calls. The | 4 | | frequency of the occurrence of those duties as part of the fire | 5 | | department's regular routine shall not be a controlling factor | 6 | | in the design of examination criteria or evolutions selected | 7 | | for testing. These physical examinations shall be open, | 8 | | competitive, and based on industry standards designed to test | 9 | | each applicant's physical abilities in the following | 10 | | dimensions: | 11 | | (1) Muscular strength to perform tasks and evolutions | 12 | | that may be required in the performance of duties including | 13 | | grip strength, leg strength, and arm strength. Tests shall | 14 | | be conducted under anaerobic as well as aerobic conditions | 15 | | to test both the candidate's speed and endurance in | 16 | | performing tasks and evolutions. Tasks tested may be based | 17 | | on standards developed, or approved, by the local | 18 | | appointing authority. | 19 | | (2) The ability to climb ladders, operate from heights, | 20 | | walk or crawl in the dark along narrow and uneven surfaces, | 21 | | and operate in proximity to hazardous environments. | 22 | | (3) The ability to carry out critical, time-sensitive, | 23 | | and complex problem solving during physical exertion in | 24 | | stressful and hazardous environments. The testing | 25 | | environment may be hot and dark with tightly enclosed | 26 | | spaces, flashing lights, sirens, and other distractions. |
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| 1 | | The tests utilized to measure each applicant's
| 2 | | capabilities in each of these dimensions may be tests based on
| 3 | | industry standards currently in use or equivalent tests | 4 | | approved by the Joint Labor-Management Committee of the Office | 5 | | of the State Fire Marshal. | 6 | | Physical ability examinations administered under this | 7 | | Section shall be conducted with a reasonable number of proctors | 8 | | and monitors, open to the public, and subject to reasonable | 9 | | regulations of the commission. | 10 | | (g) Scoring of examination components. Appointing | 11 | | authorities may create a preliminary eligibility register. A | 12 | | person shall be placed on the list based upon his or her | 13 | | passage of the written examination or the passage of the | 14 | | written examination and the physical ability component. | 15 | | Passage of the written examination means a score that is at or | 16 | | above the median score for all applicants participating in the | 17 | | written test. The appointing authority may conduct the physical | 18 | | ability component and any subjective components subsequent to | 19 | | the posting of the preliminary eligibility register. | 20 | | The examination components for an initial eligibility | 21 | | register shall be graded on a 100-point scale. A person's | 22 | | position on the list shall be determined by the following: (i)
| 23 | | the person's score on the written examination, (ii) the person
| 24 | | successfully passing the physical ability component, and (iii) | 25 | | the
person's results on any subjective component as described | 26 | | in
subsection (d). |
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| 1 | | In order to qualify for placement on the final eligibility | 2 | | register, an applicant's score on the written examination, | 3 | | before any applicable preference points or subjective points | 4 | | are applied, shall be at or above the median score. The local | 5 | | appointing authority may prescribe the score to qualify for | 6 | | placement on the final eligibility register, but the score | 7 | | shall not be less than the median score. | 8 | | The commission shall prepare and keep a register of persons | 9 | | whose total score is not less than the minimum fixed by this | 10 | | Section and who have passed the physical ability examination. | 11 | | These persons shall take rank upon the register as candidates | 12 | | in the order of their relative excellence based on the highest | 13 | | to the lowest total points scored on the mental aptitude, | 14 | | subjective component, and preference components of the test | 15 | | administered in accordance with this Section. No more than 60 | 16 | | days after each examination, an initial eligibility list shall | 17 | | be posted by the commission. The list shall include the final | 18 | | grades of the candidates without reference to priority of the | 19 | | time of examination and subject to claim for preference credit. | 20 | | Commissions may conduct additional examinations, including | 21 | | without limitation a polygraph test, after a final eligibility | 22 | | register is established and before it expires with the | 23 | | candidates ranked by total score without regard to date of | 24 | | examination. No more than 60 days after each examination, an | 25 | | initial eligibility list shall be posted by the commission | 26 | | showing the final grades of the candidates without reference to |
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| 1 | | priority of time of examination and subject to claim for | 2 | | preference credit. | 3 | | (h) Preferences. The following are preferences: | 4 | | (1) Veteran preference. Persons who were engaged in the | 5 | | military service of the United States for a period of at | 6 | | least one year of active duty and who were honorably | 7 | | discharged therefrom, or who are now or have been members | 8 | | on inactive or reserve duty in such military or naval | 9 | | service, shall be preferred for appointment to and | 10 | | employment with the fire department of an affected | 11 | | department. | 12 | | (2) Fire cadet preference. Persons who have | 13 | | successfully completed 2 years of study in fire techniques | 14 | | or cadet training within a cadet program established under | 15 | | the rules of the Joint Labor and Management Committee | 16 | | (JLMC), as defined in Section 50 of the Fire Department | 17 | | Promotion Act, may be preferred for appointment to and | 18 | | employment with the fire department. | 19 | | (3) Educational preference. Persons who have | 20 | | successfully obtained an associate's degree in the field of | 21 | | fire service or emergency medical services, or a bachelor's | 22 | | degree from an accredited college or university may be | 23 | | preferred for appointment to and employment with the fire | 24 | | department. | 25 | | (4) Paramedic preference. Persons who have obtained | 26 | | certification as an Emergency Medical Technician-Paramedic |
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| 1 | | (EMT-P) may be preferred for appointment to and employment | 2 | | with the fire department of an affected department | 3 | | providing emergency medical services. | 4 | | (5) Experience preference. All persons employed by a | 5 | | district who have been paid-on-call or part-time certified | 6 | | Firefighter II, certified Firefighter III, State of | 7 | | Illinois or nationally licensed EMT-B or EMT-I, licensed | 8 | | paramedic, or any combination of those capacities may be | 9 | | awarded up to a maximum of 5 points. However, the applicant | 10 | | may not be awarded more than 0.5 points for each complete | 11 | | year of paid-on-call or part-time service. Applicants from | 12 | | outside the district who were employed as full-time | 13 | | firefighters or firefighter-paramedics by a fire | 14 | | protection district or municipality for at least 2 years | 15 | | may be awarded up to 5 experience preference points. | 16 | | However, the applicant may not be awarded more than one | 17 | | point for each complete year of full-time service. | 18 | | Upon request by the commission, the governing body of | 19 | | the district or in the case of applicants from outside the | 20 | | district the governing body of any other fire protection | 21 | | district or any municipality shall certify to the | 22 | | commission, within 10 days after the request, the number of | 23 | | years of successful paid-on-call, part-time, or full-time | 24 | | service of any person. A candidate may not receive the full | 25 | | amount of preference points under this subsection if the | 26 | | amount of points awarded would place the candidate before a |
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| 1 | | veteran on the eligibility list. If more than one candidate | 2 | | receiving experience preference points is prevented from | 3 | | receiving all of their points due to not being allowed to | 4 | | pass a veteran, the candidates shall be placed on the list | 5 | | below the veteran in rank order based on the totals | 6 | | received if all points under this subsection were to be | 7 | | awarded. Any remaining ties on the list shall be determined | 8 | | by lot. | 9 | | (6) Residency preference. Applicants whose principal | 10 | | residence is located within the fire department's | 11 | | jurisdiction may be preferred for appointment to and | 12 | | employment with the fire department. | 13 | | (7) Additional preferences. Up to 5 additional | 14 | | preference points may be awarded for unique categories | 15 | | based on an applicant's experience or background as | 16 | | identified by the commission. | 17 | | (8) Scoring of preferences. The
commission shall give | 18 | | preference for original appointment
to persons designated | 19 | | in item (1)
by adding to the final grade that they receive | 20 | | 5 points
for the recognized preference achieved. The | 21 | | commission shall determine the number of preference points | 22 | | for each category except (1). The number of preference | 23 | | points for each category shall range from 0 to 5. In | 24 | | determining the number of preference points, the | 25 | | commission shall prescribe that if a candidate earns the | 26 | | maximum number of preference points in all categories, that |
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| 1 | | number may not be less than 10 nor more than 30. The | 2 | | commission shall give preference for original appointment | 3 | | to persons designated in items (2) through (7) by adding | 4 | | the requisite number of points to the final grade for each | 5 | | recognized preference achieved. The numerical result thus | 6 | | attained shall be applied by the commission in determining | 7 | | the final eligibility list and appointment from the | 8 | | eligibility list. The local appointing authority may | 9 | | prescribe the total number of preference points awarded | 10 | | under this Section, but the total number of preference | 11 | | points shall not be less than 10 points or more than 30 | 12 | | points. | 13 | | No person entitled to any preference shall be required to | 14 | | claim the credit before any examination held under the | 15 | | provisions of this Section, but the preference shall be given | 16 | | after the posting or publication of the initial eligibility | 17 | | list or register at the request of a person entitled to a | 18 | | credit before any certification or appointments are made from | 19 | | the eligibility register, upon the furnishing of verifiable | 20 | | evidence and proof of qualifying preference credit. Candidates | 21 | | who are eligible for preference credit shall make a claim in | 22 | | writing within 10 days after the posting of the initial | 23 | | eligibility list, or the claim shall be deemed waived. Final | 24 | | eligibility registers shall be established after the awarding | 25 | | of verified preference points. All employment shall be subject | 26 | | to the commission's initial hire background review including, |
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| 1 | | but not limited to, criminal history, employment history, moral | 2 | | character, oral examination, and medical and psychological | 3 | | examinations, all on a pass-fail basis. The medical and | 4 | | psychological examinations must be conducted last, and may only | 5 | | be performed after a conditional offer of employment has been | 6 | | extended. | 7 | | Any person placed on an eligibility list who exceeds the | 8 | | age requirement before being appointed to a fire department | 9 | | shall remain eligible for appointment until the list is | 10 | | abolished, or his or her name has been on the list for a period | 11 | | of 2 years. No person who has attained the age of 35 years | 12 | | shall be inducted into a fire department, except as otherwise | 13 | | provided in this Section. | 14 | | The commission shall strike off the names of candidates for | 15 | | original appointment after the names have been on the list for | 16 | | more than 2 years. | 17 | | (i) Moral character. No person shall be appointed to a fire | 18 | | department unless he or she is a person of good character; not | 19 | | a habitual drunkard, a gambler, or a person who has been | 20 | | convicted of a felony or a crime involving moral turpitude. | 21 | | However, no person shall be disqualified from appointment to | 22 | | the fire department because of the person's record of | 23 | | misdemeanor convictions except those under Sections 11-6, | 24 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 25 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 26 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
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| 1 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, or arrest for any cause without | 3 | | conviction thereon. Any such person who is in the department | 4 | | may be removed on charges brought for violating this subsection | 5 | | and after a trial as hereinafter provided. | 6 | | A classifiable set of the fingerprints of every person who | 7 | | is offered employment as a certificated member of an affected | 8 | | fire department whether with or without compensation, shall be | 9 | | furnished to the Illinois Department of State Police and to the | 10 | | Federal Bureau of Investigation by the commission. | 11 | | Whenever a commission is authorized or required by law to | 12 | | consider some aspect of criminal history record information for | 13 | | the purpose of carrying out its statutory powers and | 14 | | responsibilities, then, upon request and payment of fees in | 15 | | conformance with the requirements of Section 2605-400 of the | 16 | | State Police Law of the Civil Administrative Code of Illinois, | 17 | | the Department of State Police is authorized to furnish, | 18 | | pursuant to positive identification, the information contained | 19 | | in State files as is necessary to fulfill the request. | 20 | | (j) Temporary appointments. In order to prevent a stoppage | 21 | | of public business, to meet extraordinary exigencies, or to | 22 | | prevent material impairment of the fire department, the | 23 | | commission may make temporary appointments, to remain in force | 24 | | only until regular appointments are made under the provisions | 25 | | of this Section, but never to exceed 60 days. No temporary | 26 | | appointment of any one person shall be made more than twice in |
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| 1 | | any calendar year. | 2 | | (k) A person who knowingly divulges or receives test | 3 | | questions or answers before a written examination, or otherwise | 4 | | knowingly violates or subverts any requirement of this Section, | 5 | | commits a violation of this Section and may be subject to | 6 | | charges for official misconduct. | 7 | | A person who is the knowing recipient of test information | 8 | | in advance of the examination shall be disqualified from the | 9 | | examination or discharged from the position to which he or she | 10 | | was appointed, as applicable, and otherwise subjected to | 11 | | disciplinary actions.
| 12 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 13 | | 97-1150, eff. 1-25-13.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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