Full Text of HB6337 096th General Assembly
HB6337 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6337
Introduced 2/18/2010, by Rep. Michael J. Madigan - Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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Amends the Fire Department Promotion Act. Makes a technical change in a
Section concerning definitions.
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A BILL FOR
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HB6337 |
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LRB096 21014 RLJ 36858 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, | 3 |
| represented in the General Assembly:
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| Section 5. The Fire Department Promotion Act is amended by | 5 |
| changing Section 5 as follows:
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| (50 ILCS 742/5)
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| Sec. 5. Definitions. In this Act:
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| "Affected department" or "department" means a full-time | 9 |
| municipal fire
department that
that is subject to a collective | 10 |
| bargaining agreement or the fire
department operated by a | 11 |
| full-time fire protection district. The terms do not
include | 12 |
| fire departments
operated by the State, a university, or a | 13 |
| municipality with a population over
1,000,000 or any unit of | 14 |
| local government other than a municipality or fire
protection | 15 |
| district. The terms also do not include a combined department | 16 |
| that
was providing both police and firefighting services on | 17 |
| January 1, 2002. | 18 |
| "Appointing authority" means the Board of Fire and Police | 19 |
| Commissioners,
Board of Fire Commissioners, Civil Service | 20 |
| Commissioners, Superintendent
or Department Head, Fire | 21 |
| Protection District Board of Trustees, or other
entity having | 22 |
| the authority to administer and grant promotions in an affected
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| department.
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HB6337 |
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LRB096 21014 RLJ 36858 b |
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| "Promotion" means any appointment or advancement to a rank | 2 |
| within the
affected department (1) for which an examination was | 3 |
| required before January 1,
2002; (2) that is included within a | 4 |
| bargaining unit; or (3) that is the next
rank immediately above | 5 |
| the highest rank included within a bargaining unit,
provided | 6 |
| such rank is not the only rank between the Fire Chief and the | 7 |
| highest
rank included within the bargaining unit, or is a rank | 8 |
| otherwise excepted under
item (i), (ii), (iii), (iv), or (v) of | 9 |
| this definition. "Promotion" does not
include appointments (i) | 10 |
| that are for fewer than 180 days; (ii) to the
positions
of | 11 |
| Superintendent, Chief, or other chief executive officer; (iii) | 12 |
| to an
exclusively administrative or executive rank for which an | 13 |
| examination is not
required; (iv) to a rank that was exempted | 14 |
| by a home rule municipality prior to
January 1, 2002, provided | 15 |
| that after the effective date of this Act no home
rule | 16 |
| municipality may exempt any future or existing ranks from the | 17 |
| provisions
of this Act; or (v) to an administrative rank | 18 |
| immediately below the
Superintendent, Chief, or other chief | 19 |
| executive officer of an affected
department, provided such rank | 20 |
| shall not be held by more than 2 persons and
there is a
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| promoted rank immediately below it. Notwithstanding the | 22 |
| exceptions to the
definition of "promotion" set forth in items | 23 |
| (i), (ii), (iii), (iv), and (v) of
this definition, promotions | 24 |
| shall include any appointments to ranks covered by
the terms of | 25 |
| a collective bargaining agreement in effect on the effective | 26 |
| date
of this Act.
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HB6337 |
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LRB096 21014 RLJ 36858 b |
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| "Preliminary promotion list" means the rank order of | 2 |
| eligible candidates
established in accordance with subsection | 3 |
| (b) of Section 20 prior to
applicable veteran's
preference | 4 |
| points. A person on the preliminary promotion list who is | 5 |
| eligible
for veteran's preference under the laws and agreements | 6 |
| applicable to the
appointing authority may file a written | 7 |
| application for that preference within
10 days after the | 8 |
| initial posting of the preliminary promotion list. The
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| preference shall be calculated in accordance with Section 55 | 10 |
| and applied as
an addition to the person's total point score on | 11 |
| the examination. The
appointing authority shall make | 12 |
| adjustments to the preliminary promotion
list based on any | 13 |
| veteran's preference claimed and the final adjusted
promotion | 14 |
| list shall then be posted by the appointing authority.
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| "Rank" means any position within the chain of command of a | 16 |
| fire department to
which employees are regularly assigned to | 17 |
| perform duties related to providing
fire suppression, fire | 18 |
| prevention, or emergency services.
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| "Final adjusted promotion list" means the promotion list | 20 |
| for the position
that is in effect on the date the position is | 21 |
| created or the vacancy
occurs. If there is no final adjusted | 22 |
| promotion list in effect for that
position on that date, or if | 23 |
| all persons on the current final adjusted
promotion list for | 24 |
| that position refuse the promotion, the affected
department | 25 |
| shall not make a permanent
promotion until a new final adjusted | 26 |
| promotion list has been prepared in
accordance with this Act, |
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HB6337 |
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LRB096 21014 RLJ 36858 b |
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| but may make a temporary appointment to fill the
vacancy. | 2 |
| Temporary appointments shall not exceed 180 days.
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| Each component of the promotional test shall be scored on a | 4 |
| scale of 100
points. The component scores shall then be reduced | 5 |
| by the weighting factor
assigned to the component on the test | 6 |
| and the scores of all components shall be
added to produce a | 7 |
| total score based on a scale of 100 points.
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| (Source: P.A. 93-411, eff. 8-4-03.)
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