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91_SB0171ham003
LRB9101640EGfgam05
1 AMENDMENT TO SENATE BILL 171
2 AMENDMENT NO. . Amend Senate Bill 171 by inserting
3 after the enacting clause the following:
4 "Section 3. The Illinois Municipal Code is amended by
5 changing Sections 10-1-7, 10-1-12, and 10-1-16 as follows:
6 (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
7 Sec. 10-1-7. Examination of applicants;
8 disqualifications.
9 (a) All applicants for offices or places in the
10 classified service, except those mentioned in Section
11 10-1-17, are subject to examination. The examination shall
12 be public, competitive, and open to all citizens of the
13 United States, with specified limitations as to residence,
14 age, health, habits and moral character.
15 (b) Residency requirements in effect at the time an
16 individual enters the fire or police service of a
17 municipality (other than a municipality that has more than
18 1,000,000 inhabitants) cannot be made more restrictive for
19 that individual during his or her period of service for that
20 municipality, or be made a condition of promotion, except for
21 the rank or position of Fire or Police Chief.
22 (c) No person with a record of misdemeanor convictions
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1 except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
2 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
3 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
4 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
5 24-1 of the Criminal Code of 1961 or arrested for any cause
6 but not convicted on that cause shall be disqualified from
7 taking the examination on grounds of habits or moral
8 character, unless the person is attempting to qualify for a
9 position on the police department, in which case the
10 conviction or arrest may be considered as a factor in
11 determining the person's habits or moral character.
12 (d) Persons entitled to military preference under
13 Section 10-1-16 shall not be subject to limitations
14 specifying age unless they are applicants for a position as a
15 fireman or a policeman having no previous employment status
16 as a fireman or policeman in the regularly constituted fire
17 or police department of the municipality, in which case they
18 must not have attained their 35th birthday, except any person
19 who has served as an auxiliary policeman under Section
20 3.1-30-20 for at least 5 years and is under 40 years of age.
21 (e) All employees of a municipality of less than 500,000
22 population (except those who would be excluded from the
23 classified service as provided in this Division 1) who are
24 holding that employment as of the date a municipality adopts
25 this Division 1, or as of July 17, 1959, whichever date is
26 the later, and who have held that employment for at least 2
27 years immediately before that later date, and all firemen and
28 policemen regardless of length of service who were either
29 appointed to their respective positions by the board of fire
30 and police commissioners under the provisions of Division 2
31 of this Article or who are serving in a position (except as a
32 temporary employee) in the fire or police department in the
33 municipality on the date a municipality adopts this Division
34 1, or as of July 17, 1959, whichever date is the later, shall
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1 become members of the classified civil service of the
2 municipality without examination.
3 (f) The examinations shall be practical in their
4 character, and shall relate to those matters that will fairly
5 test the relative capacity of the persons examined to
6 discharge the duties of the positions to which they seek to
7 be appointed. No person may be appointed to the police or
8 fire department if he or she does not possess a high school
9 diploma or an equivalent high school education. A civil
10 service commission may, by its rules, require police
11 applicants to have obtained an associate's degree or a
12 bachelor's degree as a prerequisite for employment. The
13 examinations shall include tests of physical qualifications,
14 health, and (when appropriate) manual skill. If an applicant
15 is unable to pass the physical examination solely as the
16 result of an injury received by the applicant as the result
17 of the performance of an act of duty while working as a
18 temporary employee in the position for which he or she is
19 being examined, however, the physical examination shall be
20 waived and the applicant shall be considered to have passed
21 the examination. No questions in any examination shall relate
22 to political or religious opinions or affiliations. Results
23 of examinations and the eligible registers prepared from the
24 results shall be published by the commission within 60 days
25 after any examinations are held.
26 (g) The commission shall control all examinations, and
27 may, whenever an examination is to take place, designate a
28 suitable number of persons, either in or not in the official
29 service of the municipality, to be examiners. The examiners
30 shall conduct the examinations as directed by the commission
31 and shall make a return or report of the examinations to the
32 commission. If the appointed examiners are in the official
33 service of the municipality, the examiners shall not receive
34 extra compensation for conducting the examinations. The
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1 commission may at any time substitute any other person,
2 whether or not in the service of the municipality, in the
3 place of any one selected as an examiner. The commission
4 members may themselves at any time act as examiners without
5 appointing examiners. The examiners at any examination shall
6 not all be members of the same political party.
7 (h) In municipalities of 500,000 or more population, no
8 person who has attained his or her 35th birthday shall be
9 eligible to take an examination for a position as a fireman
10 or a policeman unless the person has had previous employment
11 status as a policeman or fireman in the regularly constituted
12 police or fire department of the municipality, except as
13 provided in this Section.
14 (i) In municipalities of more than 5,000 but not more
15 than 200,000 inhabitants, no person who has attained his or
16 her 35th birthday shall be eligible to take an examination
17 for a position as a fireman or a policeman unless the person
18 has had previous employment status as a policeman or fireman
19 in the regularly constituted police or fire department of the
20 municipality, except as provided in this Section.
21 (j) In all municipalities, applicants who are 20 years
22 of age and who have successfully completed 2 years of law
23 enforcement studies at an accredited college or university
24 may be considered for appointment to active duty with the
25 police department. An applicant described in this subsection
26 (j) who is appointed to active duty shall not have power of
27 arrest, nor shall the applicant be permitted to carry
28 firearms, until he or she reaches 21 years of age.
29 (k) In municipalities of more than 500,000 population,
30 applications for examination for and appointment to positions
31 as firefighters or police shall be made available at various
32 branches of the public library of the municipality.
33 (l) No municipality having a population less than
34 1,000,000 shall require that any fireman appointed to the
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1 lowest rank serve a probationary employment period of longer
2 than one year. The limitation on periods of probationary
3 employment provided in this amendatory Act of 1989 is an
4 exclusive power and function of the State. Pursuant to
5 subsection (h) of Section 6 of Article VII of the Illinois
6 Constitution, a home rule municipality having a population
7 less than 1,000,000 must comply with this limitation on
8 periods of probationary employment, which is a denial and
9 limitation of home rule powers. Notwithstanding anything to
10 the contrary in this Section, the probationary employment
11 period limitation shall not apply to a fireman whose position
12 also includes paramedic responsibilities.
13 (Source: P.A. 86-990; 87-1119.)
14 (65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
15 Sec. 10-1-12. Register; eligibility list. From the
16 returns or reports of the examiners, or from the examinations
17 made by the commission, the commission shall prepare a
18 register for each grade or class of positions in the
19 classified service of such municipality of the persons whose
20 general average standing upon examination for such grade or
21 class is not less than the minimum fixed by the rules of such
22 commission, and who are otherwise eligible. Such persons
23 shall take rank upon the register as candidates in the order
24 of their relative excellence as determined by examination,
25 without reference to priority of time of examination.
26 Within 60 days after each examination, an eligibility
27 list shall be posted by the Commission, which shall show the
28 final grades of the candidates without reference to priority
29 of time of examination and subject to claim for military or
30 educational credit. Candidates who are eligible for military
31 or educational credit shall make a claim in writing within 10
32 days after posting of the eligibility list or the such claim
33 shall be deemed waived. Appointment shall be subject to a
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1 final physical examination.
2 If a person is placed on an eligibility list and becomes
3 overage before he or she is appointed to a police or fire
4 department, the person remains eligible for appointment until
5 the list is abolished pursuant to authorized procedures.
6 Otherwise no person who has attained the age of 36 years
7 shall be inducted as a member of a police department and no
8 person who has attained the age of 35 years shall be inducted
9 as a member of a fire department, except as otherwise
10 provided in this division.
11 (Source: P.A. 89-52, eff. 6-30-95; 90-481, eff. 8-17-97.)
12 (65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)
13 Sec. 10-1-16. Military and educational preference.
14 (a) Persons who were engaged in the military or naval
15 service of the United States for a period of at least one
16 year at any time during the years 1898 through 1902, 1914
17 through 1919, at any time between September 16, 1940 and July
18 25, 1947, or at any time during the national emergency
19 between June 25, 1950 and January 31, 1955, or at any time
20 between January 1, 1961 and the date Congress declares the
21 Viet Nam conflict ended, and who were honorably discharged
22 therefrom and all persons who were engaged in such military
23 or naval service during any of such years who are now or may
24 hereafter be on inactive or reserve duty in such military or
25 naval service, not including, however, persons who were
26 convicted by court-martial of disobedience of orders, where
27 such disobedience consisted in the refusal to perform
28 military service on the ground of alleged religious or
29 conscientious objections against war, shall be preferred for
30 appointments to civil offices, positions, and places of
31 employment in the classified service of any municipality
32 coming under the provisions of this Division 1, provided they
33 are found to possess the business capacity necessary for the
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1 proper discharge of the duties of such office, position, or
2 place of employment as determined by examination. The civil
3 service commission on certifying from any existing register
4 of eligibles resulting from the holding of an examination for
5 original entrance or any register of eligibles that may be
6 hereafter created of persons who have taken and successfully
7 passed the examinations provided for in this Division 1 for
8 original entrance commencing prior to September 1, 1949,
9 shall place the name or names of such persons at the head of
10 any existing eligible register or list of eligibles that may
11 hereafter be created under the provision of this Division 1,
12 to be certified for appointment. The civil service commission
13 shall give preference for original appointment to persons as
14 hereinabove designated whose names appear on any register of
15 eligibles resulting from an examination for original entrance
16 held under the provisions of this Division 1 and commenced on
17 or after September 1, 1949 by adding to the final grade
18 average which they received or will receive as the result of
19 any examination held for original entrance, 5 points. The
20 numerical result thus attained shall be applied by the civil
21 service commission in determining the position of such
22 persons on any eligible list which has been created as the
23 result of any examination for original entrance commenced on
24 or after September 1, 1949 for purposes of preference in
25 certification and appointment from such eligible list.
26 Every certified civil service employee who was called to,
27 or who volunteered for, the military or naval service of the
28 United States for a period of one year at any time during the
29 years specified in this Division 1, at any time between
30 September 16, 1940 and July 25, 1947, or at any time during
31 the national emergency between June 25, 1950 and January 31,
32 1955, or at any time between January 1, 1961 and the date
33 Congress declares the Viet Nam conflict ended, and who were
34 honorably discharged therefrom or who are now or who may
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1 hereafter be on inactive or reserve duty in such military or
2 naval service, not including, however, persons who were
3 convicted by court martial of disobedience of orders where
4 such disobedience consisted in the refusal to perform
5 military service on the ground of alleged religious or
6 conscientious objections against war, and whose names appear
7 on existing promotional eligible registers or any promotional
8 eligible register that may hereafter be created, as provided
9 for by this Division 1, shall be preferred for promotional
10 appointment to civil offices, positions and places of
11 employment in the classified civil service of any
12 municipality coming under the provisions of this Division 1.
13 The civil service commission shall give preference for
14 promotional appointment to persons as hereinabove designated
15 whose names appear on existing promotional eligible registers
16 or promotional eligible registers that may hereafter be
17 created by adding to the final grade average which they
18 received or will receive as the result of any promotional
19 examination commencing prior to September 1, 1949, six-tenths
20 of one point for each 6 months or fraction thereof of
21 military or naval service not exceeding 30 months, and by
22 adding to the final grade average which they will receive as
23 the result of any promotional examinations held commencing on
24 or after September 1, 1949 seven-tenths of one point for each
25 6 months or fraction thereof of military or naval service not
26 exceeding 30 months. The numerical result thus attained shall
27 be applied by the civil service commission in determining the
28 position of such persons on any eligible list which has been
29 created or will be created as the result of any promotional
30 examination held hereunder for purposes of preference in
31 certification and appointment from such eligible list.
32 No person shall receive the preference for a promotional
33 appointment granted by this Section after he has received one
34 promotion from an eligible list on which he was allowed such
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1 preference and which was prepared as a result of an
2 examination held on or after September 1, 1949.
3 No person entitled to preference or credit for military
4 or naval service hereunder shall be required to furnish
5 evidence or record of honorable discharge from the armed
6 forces before the publication or posting of any eligible
7 register or list resulting from the examination. Such
8 preference shall be given after the posting or publication of
9 any eligible list or register resulting from such examination
10 and before any certifications or appointments are made from
11 such list or register.
12 (b) Persons who have successfully obtained an
13 associate's degree in the field of law enforcement, criminal
14 justice, fire service, or emergency medical services or a
15 bachelor's degree from an accredited college or university,
16 and persons who have been awarded a certificate attesting to
17 the successful completion of the Minimum Standards Basic Law
18 Enforcement Training Course as provided in the Illinois
19 Police Training Act and who are currently serving as a law
20 enforcement officer on a part-time or full-time basis within
21 the State of Illinois shall be preferred for appointments to
22 offices, positions, and places of employment in the fire and
23 police departments of a municipality coming under the
24 provisions of this Division 1 by adding to the final grade
25 average which they receive or will receive as the result of
26 any examination held for original entrance 5 points.
27 (c) The preference points awarded under subsections (a)
28 and (b) shall not be cumulative.
29 (Source: P.A. 76-69.)".